STATE OF HP Vs. RAM LAL

JUDGEMENT

(1.) Ms. Archna Dutta, Advocate, has been requested to assist this Court, as legal aid counsel, on behalf of the respondentaccused and she has agreed to assist this Court.

(2.) 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 in reference to judgment dated 17.5.1999, passed by Learned Sessions Judge, Shimla, H.P., in Sessions Trial No. 25S/7 of 1998, for the offence under Section 376 of the Indian Penal Code, acquitting the alleged accused / respondent.

(3.) The prosecution case is that on 18.10.1997, the victim / prosecutrix wife of Mohan Singh, resident of village Chalarna had gone to her fields, within the area of village Chalarna, while she was returning back to home around 7.00 P.M., with a bundle of hay, along a path passing through a forest, the accused and four more persons, namely, Chattar Singh, Amar Singh, Mast Ram and Partap Singh were lying in ambush. Accusedrespondent appeared all of sudden and caught the lady by her arm and pulled her towards the lower side of the path. The other four persons instigated the accused to sexually assault the victim / prosecutrix. The accused then, threw the victim / prosecutrix on the ground, removed her salwar and also removed his own pant and then committed sexual intercourse. The victim / prosecutrix put some resistance and during the resistance, bangles which the prosecutrix was wearing were broken and she suffered minor injuries on her writ. The victim / prosecutrix also raised cries, attracted three persons named Ganga Ram, Bhim Singh and Bir Singh, but then the accused had committed the crime. On seeing the above named persons, the accusedrespondent ran away. The victim / prosecutrix then went to home and narrated whole of the incident to her husband. Husband of the victim / prosecutrix and the prosecutrix herself tried to settle the matter with the accusedrespondent in village level, but could not succeed. So on 25.10.1997, they lodged a written complaint with Judicial Magistrate, Chopal, who forwarded the same to the Station House Officer, Police Station, Chopal, for investigation of the matter. Accordingly, FIR No.136 of 1997 was lodged and after investigation, the accused was arrested and charged for the above offence and the case was committed for trial to the Sessions Court.