STATE OF H.P. Vs. YUSUF

JUDGEMENT

(1.) STATE has appealed against the judgment dated 26th December, 1997 of learned Additional Sessions Judge, Mandi, whereby respondents Yusuf, Yakub Ali, Fagar Din, Guljar and Meer have been acquitted of charge, under Sections 147, 363, 366 -A, 376 (charge, under Section 376 of the Indian Penal Code, was against respondent Yusuf only), 452 and 506 of the Indian Penal Code.

(2.) CASE was instituted against the respondents by the police. Allegations, which were made against the respondents, may be summed up thus. Bashir (PW -1) and his wife Ain Bibi (PW -3), alongwith their son Mam Hussain (PW -2) and daughter (the prosecutrix, examined as PW -9 - name withheld), lived in village Rayagri, Tehsil Sadar, District Mandi, in the year 1993. On 17th April, 1993, around 9 or 10 p.m., all the respondents went to the house of PW -1 Bashir. Respondent Yakub Ali knocked at the door and asked the occupants to unbolt it. He was recognized by his voice by PW -1 Bashir and his wife PW -3 Ain Bibi. When the door was being opened by PW -3 Ain Bibi, respondent Yakub Ali pushed it and entered the house. He asked PW -1 Bashir and PW -3 Ain Bibi to agree for the marriage of the prosecutrix (PW -9) with respondent Yusuf, a brother of respondent Yakub Ali. When parents of the prosecutrix turned down the proposal, they were assaulted by all the five respondents and the prosecutrix was forcibly taken away. For about 1 km, i.e. upto road head, she was carried by being pulled and from there onward she was taken in a Van, which was already parked there. She was taken to a village near Chamkor Sahib in Punjab State. There she was forced to marry respondent Yusuf. A feast was arranged. Thereafter, the prosecutrix was forced to sleep with respondent Yusuf, who committed sexual intercourse with her, for about 20 days.

(3.) PROSECUTION examined the father, the mother and a brother of the prosecutrix, as also the prosecutrix, to prove the charge. It also examined the doctors, who conducted the medico legal examination of the prosecutrix and respondent Yusuf. Skeletal age of the prosecutrix was got determined. PW -11 Dr. Jaya Vaidya was examined to prove the skeletal age of the prosecutrix.