STATE OF HP Vs. BINDER SINGH

JUDGEMENT

(1.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of criminal Procedure has been granted in reference to judgment dated 1.7.1997, passed by the Learned Sessions Judge, Shimla, H.P., in Sessions Trial No. 17S/7 of 1996 under Sections 376 of the Indian Penal Code, whereby acquitting the alleged accused/respondent.

(2.) The prosecution case is that on 15.6.1994, accused accompanied by two relatives of the victim / prosecutrix, namely, Ishwar Singh and Chander Sain, went to the house of the victim / prosecutrix in village Tangnu around 9.00 P.M. All the three asked the lady, if she had any liquor with her and on refusal, the above named relatives of the victim / prosecutrix left the house. Accusedrespondent also pretended to leave the house, but as soon as the two relatives of the victim / prosecutrix stepped out of the door, the accused turned back and bolted the door of the house from inside and sexually assaulted the victim / prosecutrix. The right hand of the victim / prosecutrix was deformed, and therefore, she could not put up physical resistance. After some time one Sardar Singh, whom the victim / prosecutrix calls Mama, went to the house of the victim / prosecutrix, he noticed the accused inside the house of the victim / prosecutrix. Accusedrespondent told said Sardar Singh not to tell anybody that he was in the house of the victim / prosecutrix. Therefore, Sardar Singh left for his own house. The accusedrespondent stayed in the house of the victim / prosecutrix for the whole of the night and committed sexual intercourse on her twice. After committing sexual intercourse, accusedrespondent offered the victim / prosecutrix to marry her, but she declined the offer because the accused was already married and was having children too from his wife. On the next day, the victim / prosecutrix went to Police Post, Chirgaon, to lodge the report, but her report was not lodged. Subsequently, she went to the police station. Thereafter, the victim / prosecutrix came to Shimla and narrated the incident to her mother, who lodged a written complaint to Chief Minister, on the basis of that complaint, case was formally registered. The FIR was lodged on 19.8.1994.

(3.) After investigation, the accused was arrested and charged for the aforesaid offence. The case was committed for Sessions Trial. In order to prove its case, the prosecution has examined as many as 15 prosecution witnesses. Whereas, the accused through his statement under Section 313 of Cr.P.C., has denied the prosecution case.