STATE OF HP Vs. KAMLA CHHABRA ALIAS GUDDI

JUDGEMENT

(1.) The present criminal appeal has come-up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to the impugned judgment dated 26.9.1998, passed by learned Sessions Judge, Shimla, H.P. in Sessions Trial No. 33-S/7 of 1996, acquitting the respondents-accused for the offence, under Section 376 read with Section 109 of the Indian Penal Code and Section 5 of the Immoral Traffic (Prevention) Act, 1956, Whether the reporters of Local Papers may be allowed to see the judgment?

(2.) The prosecution case is that victim/prosecutrix, aged about 14 or 15 years, used to reside in Theog town with her parents in the neighbourhood of respondent-accused Kamla Chhabra alias Guddi. Some time in the month of February, 1994, the mother of victim/prosecutrix, named Kamla Devi, noticed that victim/prosecutrix's belly had been protruding out and she felt that she might be pregnant. As such, she was taken to hospital at Theog and on medical examination, pregnancy was confirmed and she was said to be carrying seven months pregnancy. On enquiry, victim/prosecutrix told that she was pregnant from her own father who had been sexually abusing her for the last 6-7 months. On 23.4.1995 victim/prosecutrix delivered a child. On 25.4.1995 Krishan Lal, the father of victim /prosecutrix lodged a complaint with the Station House Officer, P.S. Theog that his unmarried minor daughter had delivered a child and that he suspected that some one had sexually assaulted her and accordingly police recorded the statement of victim/prosecutrix and in view of the testimony of victim/prosecutrix Krishan Lal, father of victim/prosecutrix alleged to have sexually assaulted the victim/prosecutrix. Case was registered against the father of the victim/prosecutrix. However, trial commenced against the father of the victim/prosecutrix on 8.8.1995, however, in her testimony victim/prosecutrix had categorically stated that her father was neither responsible for her pregnancy nor he ever committed any sexual assault with her and at the instance of respondent- accused Kamla Chhabra she had referred the name of her father Krishan Lal. The victim/prosecutrix also deposed before learned Sessions Judge that Smt. Kamla Chhabra used to send her to the houses of other persons at Theog, where victim/prosecutrix was subjected to sexual assault by different persons. The mother of victim/prosecutrix also appeared before learned Sessions Judge and stated that when victim/prosecutrix was pregnant she told that respondent-accused Kamla Chhabra had been taking her to different places and offering her to different persons. Keeping in view the testimony of victim/prosecutrix, Superintendent of Police, Shimla was directed to investigate the matter and case was registered against the respondents-accused vide FIR No. 151 of 1995. On completion of investigation, the respondents-accused were charged for the offences under Section 376 read with Section 109 IPC and Section 5 of the Immoral Traffic (Prevention) Act, 1956.

(3.) In order to prove its case, the prosecution examined as many as seven witnesses, whereas, the respondents-accused through their statement under Section 313 Cr.P.C. denied the prosecution case.