STATE OF HIMACHAL PRADESH Vs. PARKASH CHAND

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 25.5.1995 passed by the learned Sessions Judge, Mandi, Kullu and Lauhal-Spiti Districts, at Mandi, H.P. in Sessions Trial No. 33 of 1994 whereby he has acquitted the accused of having committed an offence punishable under Section 376 of the Indian Penal Code.

(2.) The prosecutrix is an unfortunate minor girl. She is deaf and dumb. It is not disputed that she is mentally challenged to such an extent that she is not even aware of what has happened with her. Dr. R. S. Dhatwalia (PW-1) has clearly opined that the prosecutrix is unaware of the offence having been committed on her.

(3.) The prosecution story is that on 18.7.1994 the prosecutrix was not found at home and thereafter her mother searched for her and while searching for her she went to the cow-shed and found that the prosecutrix was lying on stack of hay. Her `salwar' had been removed. The mother picked up the prosecutrix and took her outside and found that blood was coming out from the vagina of the prosecutrix. She took the prosecutrix to the verandah of her house. She then went to the Up- Pradhan Dina Nath (PW-8) and informed him that her daughter had been raped by the accused. She however did not go to lodge a report with the police as advised by PW-8 since her husband was not at home. Her husband returned after seven days of the occurrence. According to her after waiting for her husband for four days she went to Mandi and filed a complaint Ext.-PD with the Deputy Commissioner, Mandi.