STATE OF H.P. Vs. RANGI RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 1.3.1995 passed by the learned Sessions Judge, Sirmour District at Nahan, in Sessions Trial No.32N/7 of 1994 acquitting the accused of having committed an offence punishable under Sections 363, 366 and 376(2) IPC.

(2.) THE prosecution story, in brief, is that on 21.5.1994 a marriage party went to village Puruwala. Two of the accused Kedar Nath and Rishi Pal were members of this marriage party. These two accused went to the house of one Roshan Lal and consumed liquor there. The prosecutrix is a neighbour of Roshan Lal. At about 1.00 p.m. these two accused went to the house of the prosecutrix. They asked her for water and then requested her whether they could rest at her house for some time. She replied that she was alone in the house and therefore could not permit any strangers inside. Thereupon these two accused allegedly blindfolded and gagged her mouth and took her in a Maruti Van to a ˜khala (water pond) where they raped her. After raping her they disappeared from the spot. The prosecutrix then took off her blindfold and started walking towards her village. By this time it was dark. On the way the three other accused met her. They took her to a lonely place near a field and raped her one by one. The prosecutrix again started for her village. On the way she met a boy named Babloo who was travelling on a bicycle. She asked him to take her to her Mamas (maternal uncle) house. The said boy took her to the house of one lady, namely, Roshni in village Majra. The prosecutrix narrated her tale to Roshni who in turn informed the Pradhan of the Panchayat through one Latif. Next morning the prosecutrix was taken to the police post Majra and from there to Police Station, Paonta Sahib where the report was lodged and FIR No.223/1994 registered. The prosecutrix was got medically examined. Her ossification test was conducted. The investigation was completed and thereafter challan filed. The case was committed to the Sessions and thereafter accused was charged for having committed offences as aforesaid. They pleaded not guilty and claimed trial. On completion of the trial they were acquitted. Hence, the present appeal by the State.

(3.) THE first question which arises for consideration is what is the date of birth of the prosecutrix? According to the prosecutrix and her father PW -3 Mam Chand, her age at the time of occurrence was only 15 1/2 years. PW -8 Chattar Singh has proved a copy of the extract of the Birth and Death register Ext.PM which shows that the date of birth of the prosecutrix is 22.11.1978. The last piece of evidence relied upon by the prosecution is the ossification test conducted by the Radiologist PW -6 Dr.H.K. Pant.