STATE OF H P Vs. SANDEEP SINGH

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after leave to appeal has been granted, under Section 378(3) Cr.P.C., in reference to the impugned judgment, dated 24.11.1995, passed by the learned Sessions Judge, Solan, Camp Court at Nalagarh, District Solan, H.P., in Sessions Trial No. 11-NL/7 of 1994, acquitting the respondent-accused for the alleged offence, under Section 376 IPC.

(2.) Prosecution case is that PW-1 Ram Parkash, resident of Beli Deol, Tehsil Nalagarh, lodged F.I.R. Ext. PA on March 20, 1994 at about 11.20 p.m. at Police Station, Nalagarh complaining that he has been deployed in the Himat Leather Factory at Ranguwal and on the said day, he was on duty upto 12.00 O'clock at night. However, at about 7.40 p.m., he received a telephonic message from someone that his wife was involved in some quarrel and that he should come home immediately and was told by his son Hari Krishan and his wife PW-4 Amarjit Kaur that his sister PW-2 prosecutrix (name not given) at about 4.00 p.m. had gone to her field to throw cow dung where the accused committed sexual assault on her without her consent. On such report, PW-9 SI Hari Saran went to the spot and prepared site plan Ext. PG on 31.3.1994 and prosecutrix was medically examined by PW-6 Dr. Brind Kapil at Rural Hospital, Nalagarh. On medical examination, PW-6 found that the prosecutrix/victim was sexually assaulted within 48 hours of the medical examination, however, no external injury was found on the genitalia part, except there was an abrasion of 0.5 cm on the centre of the breasts in reddish blue colour.

(3.) PW-8 Shri Kewal Singh, Secretary, Gram Panchayat, Plassi has issued birth certificate, Ext. PF, according to which, prosecutrix/victim was born in the year 1964, whereas according to certificate Ext. PH, date of birth of the accused was 30.3.1977.