SH. NAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Appellant has been tried and convicted for offences under Section 376 read with Section 511 of the Indian Penal Code for attempting to rape the prosecutrix whose name is being withheld.

(2.) ACCORDING to the prosecution on 22.10.2008 at about 7.45 P.M., PW 8 Inspector/Station House Officer, Police Station Sadar, Shimla, Shakuntla Devi, received a telephonic information from Head Constable, Amar Dutt of Police Post, Lakkar Bazar, disclosing that a Gorkha girl had been sexually assaulted at village Kelti and was taken to Indira Gandhi Medical College, Shimla for medical examination. On the basis of this information, Rapat Ex. PW 8/A was lodged in the daily diary. Thereafter, PW -8 Shakuntla Devi proceeded to the Medical College, where she filed an application Ex. PW 1/A with the medical officer for medical examination of the prosecutrix and deputed Lady Constable Balmu Devi, PW 6 to get the prosecutrix medically examined from the doctor.

(3.) IT is undisputed before me that the accused was arrested on 23.10.2008 and was medically examined by PW 11 Doctor Rajesh Sood on 24.10.2008 around 12.30 P.M. on application Ex. PW 11/A moved by the police and he issued Medico Legal Certificate Ex. PW 8/E. The clothes of the accused, namely, banyan and underwear were handed over to the police, which were sealed and sent to the Chemical Examiner for analysis of blood and semen.