STATE OF H P Vs. SAUKAT ALI

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 7.4.1998, accused was put to trial. In terms of judgment dated 20.9.2000 passed by Sessions Judge, Kangra at Dharamshala in Sessions Case No. 24-N/VII/99, titled as State of H.P. vs. Saukat Ali, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 7.4.1998 at about 5/6 A.M., prosecutrix (PW.3) had gone to answer the call of the nature in the fields near the nullah in Village Meeta, where accused caught her from the arms. When prosecutrix started crying he gagged her mouth with a piece of cloth. Thereafter, he forcibly took her through the jungle path to Rehan. When prosecutrix tried to raise alarm she was threatened for life. He then took her to Nurpur and from there to Chamba. At Chamba, they stayed for two nights in the hotel by the name of National Lodge owned by Praveen Kumar (PW.9). There also accused threatened the prosecutrix. In the room of the hotel accused forcibly committed sexual intercourse with the prosecutrix. While making entry in the hotel record, accused concealed his identity by writing his name as Ashok Kumar instead of Saukat Ali. From Chamba, accused took the prosecutrix to village Gehar, where they spent the night under a "Sappar" (an open space) there also she was raped by him. Next morning, when prosecutrix started weeping, accused took her to Rehan and handed her over to her relatives, namely, Tanno, Naseeb Ali and Saleem, who in turn took the prosecutrix to Gangath and handed her over to her father Sh.Rirku Deen (PW.2). By written complaint (Ex.PD) dated 10.4.1998 Rirku Deen reported the matter to the police, on the basis of which FIR No.98/1998 (Ex.PL) was registered with Police Station, Nurpur, under Sections 363 and 366 IPC. Police got the prosecutrix medically examined through Dr.Neelam Mahajan (PW.1), who issued MLC (Ex.PA). Clothes of the prosecutrix i.e. Shirt (Ex.P-1), Salwar (Ex.P-2) alongwith vaginal smears was taken by the police during investigation. Inspector Jagan Nath (PW.11) also recovered clothes (Ex.P-3 and Ex.P-4)of the prosecutrix from the house of the accused on 14.4.1998. Accused, who was arrested on 13.4.1998, was got medically examined by Dr.Vishva Bandhu (PW.13), who issued MLC (Ex.PO). In order to determine the age of the prosecutrix, record from the Panchayat and certificate (Ex.PH) issued on the basis of the Births and Deaths Register (Ex.PJ) was obtained by the police. According to these certificates, prosecutrix was born on 3.4.1982. Report of the Chemical Examiner (Ex.PB) was obtained by the police on the basis of which Doctor opined that prosecutrix was subjected to sexual intercourse. With the completion of investigation, challan was presented in the Court for trial.

(3.) THE Court below acquitted the accused of the charged offence, hence the present appeal.