STATE OF H.P. Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 30.08.1999 delivered by the learned Sessions Judge, Solan, in Sessions Trial No. 24 -S/7 of 1998, whereby the accused was acquitted of having committed an offence punishable under Section 376 read with Section 506 IPC.

(2.) ON 25.9.1997, PW -4 Kamla Devi, mother of the prosecutrix lodged a complaint with the Police Station, Parwanoo alleging that her daughter (the prosecutrix) aged about 14 years was raped by the accused on 24.9.1997 at about 6.30 p.m., when the prosecutrix had gone to cut the grass in the field. It was averred that Bimla Devi reached the spot on hearing the cries of the prosecutrix and that she (Bimla Devi) was also threatened by the accused. Thereafter, the accused and his father were approached but they also threatened the prosecutrix and her parents. On the basis of the complaint (Ext.PW -4/A) made to the Deputy Commissioner, F.I.R. (Ext.PW -12/A) was registered. Thereafter, the prosecutrix was medically examined by PW -1 Dr. Radha Chopra who also proved the medico legal certificate (Ext.PW -1/A) in respect of the prosecutrix. Other investigation was carried out by the police and on completion of the investigation the accused was challaned and charged with having committed the aforesaid offence. He was tried by the learned trial Court and after trial he was acquitted. Hence this appeal by the State.

(3.) THE statement of Bimla Devi is contradictory to that of the prosecutrix. She states that on hearing the cries of the prosecutrix she went to the spot and saw the accused raping the prosecutrix. The accused had already threatened the prosecutrix and thereafter he ran away. In cross -examination, she states that she heard the accused threatening the prosecutrix and when she reached the spot the accused was still indulging in the act of sex. Whereas the prosecutrix stated that the string (nada) of the salwar was untied and not broken and her clothes were not torn, the aunt Bimla Devi stated that the string (nada) of the salwar was broken and the clothes were torn. The other material contradiction is that whereas according to the prosecutrix the accused did not threaten her or say anything to her, the aunt says that she heard the accused threatening the prosecutrix.