STATE OF HP Vs. RAJIV KUMAR

JUDGEMENT

(1.) Earlier Mr. Adarsh Kumar Vashisht, Advocate, was supposed to assist this Court on behalf of the respondents, however, despite his endeavour, the respondentsaccused could not contact him. In these circumstances, he is not in a position to assist this Court. Mr.Chaman Negi, Advocate, has been requested to assist this Court as an amicus curaie, on behalf of the respondentaccused, and he 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 has been granted in reference to judgment dated 5.7.1999 passed by the Learned Sessions Judge, Kullu, H.P., in Sessions Trial No. 6 of 1998, under Sections 376 and 354 read with Section 34 of the Indian Penal Code, in reference to FIR No.442 of 1993, dated 14.12.1993, whereby acquitting the alleged accused/respondents.

(3.) The prosecution case is that on 14.12.1993 victim / prosecutrix, X1 (name not given), lodged the report with the police that she alongwith victim / prosecutrix, X2, were sitting under a Peeple tree at Akhara Bazar, Kullu, one tempoo came in which the driver and one boy were sitting and stopped the tempoo and forcibly taken them in the tempoo to Pahanala road. Thereafter, tempoo driver after stopping the tempoo came at the back seat and caught hold of the victim / prosecutrix, X1, with one hand and opened her salwar with other hand and thereafter, he committed sexual intercourse with her. The other girl victim / prosecutrix, X2, was taken out by the other person sitting with the tempoo driver, was also sexually assaulted. Thereafter, both X1 and X2 (victims / prosecutrix) were taken back in the same tempoo to Raison by gagging their mouths and they were left at a isolated place. Later on they deposed the name of the driver as Rajiv and the name of the accused respondent was Premu. Accordingly, FIR was lodged and matter was investigated and both the accusedrespondents were charged for the aforesaid offences. The case was committed to Sessions Court.