STATE OF HIMACHAL PRADESH Vs. TEJ BHAHDUR

JUDGEMENT

(1.) THE State is in appeal against the judgment dated 6.9.1999 of the learned Sessions Judge Sirmaur at Nahan, H.P., in Sessions Trial No. 4 -ST/7 of 1998, whereby, the Respondent, who shall hereinafter be referred to as 'the accused' was tried for the offence under Section 376 of the Indian Penal Code and was ultimately acquitted.

(2.) IN brief, the case of the prosecution is that on 13.2.1997, FIR Ex.PA was recorded at Police Station, Sadar Nahan, Distt. Sirmaur, on the statement of the prosecutrix, PW -1 (name withheld), who was accompanied by her husband PW -2, Dina Nath. She had stated that "she was married to PW -2, Dina Nath about 15 years back. Her parental village is Bubbi Jabbal Ka Bagh. Out of the wedlock two daughters and two sons were born, out of which one son had died. The daughters were aged 11 and 13 years, who were working as domestic helps. The son was five years old. We had kachha house in village Katasan Devi, which had fallen about two months back and as such we had come to reside in my parental village. Whereas my father works as a labourer outside, I remain at home. In my parental house, my mother and brother reside. Brother Phul Chand works as a labourer and my mother is a household lady. On 7.2.1997, my husband had gone to Nahan to work as labourer. My brother had also gone to the cantonment in connection with his work. My mother had gone to the house of my sister in village Surla. I along with my son Ranbir and nephew Kamal, aged 8 years, was present in the parental house. At about 2 -2 1/2 PM Tej Bahadur (accused) son of Dal Bahadur, resident of Bubbi, who is also a ward member came to our house in dead drunken state and started taking liberties with me (chher chhar karne laga) and caught hold of me. In the meantime my Taya's son, Bhagat Ram came and made the accused to flee from there after scolding him. After sometime when I was going to the house of my maternal uncle to narrate the above occurrence to my Bhabies (maternal uncle's daughters -in -law), the accused all of sudden came from below the mango tree behind the house, gagged my mouth and dragged me upto the mango tree. Thereafter, he forcibly untied string of my salwar and after gagging my mouth forcibly laid me on the ground and committed rape upon me and also gave teeth bites on my cheek. I wanted to cry but he gagged my mouth and threatened that in case I raised much hue and cry, he would throttle and kill me. This occurrence, perhaps, had also been witnessed by others, but every body kept mum as the accused is a ward member and all are afraid of him. I could not narrate the incident to anyone else. My husband had gone out in connection with his work as a labourer, who came home day before yesterday. I narrated the incident to him yesterday. So, he has brought me today to lodge report. We have also submitted an application to the Deputy Commissioner, in this regard. The accused had committed forcible sexual intercourse with me against my will and after terrorizing me. The wounds on my cheek have been healed, but the scars are still present. My husband had sexual intercourse with me day before yesterday. Legal action may be taken against the accused."

(3.) THE prosecutrix was got medically examined through PW -5 Dr. (Mrs.) Archana Gupta, vide medico legal certificate Ex.PG. In the opinion of the medical expert "there is nothing to suggest that she has not been habitual to sexual intercourse". The medical witness also opined that " the possibility of teeth bite on left cheek cannot be ruled out".