STATE OF HIMACHAL PRADESH Vs. SANT RAM

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 23.5.1995 passed by the learned Sessions Judge Shimla, H.P. in Sessions Trial No. 37-S/7 of 1994 whereby he acquitted the accused Sant Ram of having committed an offence punishable under Section 376 of the Indian Penal Code.

(2.) The prosecutrix is an unfortunate blind girl. Since she was blind, her parents decided to admit her in the Educational-cum-Vocational Training Centre, Kamlanagar which is meant to impart training to disabled persons including the blind. The prosecutrix was admitted in this institution on 21.6.1993 and her date of birth as mentioned in her record in this institution is 1.7.1977. Even as per Dr. Neelam Jaswal (PW-6) who conducted dental examination of the prosecutrix, her dental age has been opined to be between 12 to 17 years. The ossification test was conducted on the prosecutrix by Dr. Neena Shandil (PW-7) and as per her report the age of the prosecutrix is between 14 to 16 years. Sh. Gopal Singh (PW-12), Secretary, Gram Panchayat Delath has placed on record the certificate Ext. PW-12/A which shows that the date of birth of the prosecutrix is 1.7.1977. Therefore, on the date she was admitted to the institution she was few days short of attaining 16 years of age.

(3.) The prosecution story is that the daughter of the accused was the first wife of the father of the prosecutrix. She died and the father of the prosecutrix Sh. Punu Ram (PW-10) remarried. Smt. Vidya Devi (PW-9) is his second wife. From this wed-lock the prosecutrix was born. Statement of these parents is that they had sought the help of the accused in getting their daughter admitted to the Educational-cum-Vocational Centre, Kamlanagar, Shimla and he got her admitted therein. Thereafter when the prosecutrix came home, the mother of the prosecutrix became suspicious that she was pregnant. She asked the prosecutrix as to what had happened and the prosecutrix informed her mother that the accused had been raping her and had threatened her that if she informed any person he would kill her. PW-10 states that he had met the accused in Shimla who assured him that he would get her admitted in the training centre and after preparing all the admission papers he left Shimla and the accused was appointed the guardian of the prosecutrix.