STATE OF H.P Vs. MAST RAM

JUDGEMENT

(1.) This appeal by the State is directed against the judgment, dated 23.6.1997, of learned Sessions Court, Kangra at Dharamshala, whereby Respondent Mast Ram, who was tried for offence of rape, under Sec. 376 IPC, has been acquitted.

(2.) Case of the prosecution, as per evidence on record, is that on 2.10.1995 around 9 p.m., PW -5 Gopali Singh, hailing from a village in Bulandshehar District of Uttar Pradesh, accompanied by his minor daughter aged about 13 years, who shall hereinafter be referred to as 'prosecutrix' or 'PW -4', a son and some other persons of his village/area, including PW -6 Nowat Singh, de -boarded a train at Kangra. He accompanied by his daughter, son and Whether reporters of the local papers may be allowed to see the judgment? other persons came to Kangra to pay obeisance at the temple of Brijeshwari Devi. All of them took their meals and made arrangement for spending the night at platform. Around 10 p.m., a man went to the place at the platform, where PW -5 Gopali Singh alongwith his daughter, son and other persons accompanying him, was present and told that he was Chowkidar of Railway Station and his name was Mast Ram and that they (Gopali Singh and his companions) could go to sleep without any fear or apprehension, as nobody would be touching their belongings and baggage. On assurance by that man, PW -5 Gopali Singh, his companions, son and the daughter all went to sleep.

(3.) Around midnight, the man, who had told that he was the Chowkidar at the Railway Station, physically lifted the sleeping daughter of PW -5 Gopali Singh, i.e. the prosecutrix (PW4), who was then aged about 13 years. The girl, it appears, was in deep sleep, when lifted by the man. The man carried her to a lonely place. On the way, the girl woke up and tried to raise alarm, but her mouth was gagged. She recognized the man to be the same, who had approached them, when they were preparing to go to sleep and had assured that that was a safe place for sleeping. The man carried the girl to a circular platform, raised around a big mango tree. There he spread a blanket and made the girl lie on the same and then committed rape on her. The girl returned to the railway station about an hour or so, after having been lifted away therefrom and started crying, on seeing her father asleep. Her father woke up on hearing cries and made inquires. She told her father that the man, who claimed to be the Chowkidar, had taken her to a lonely place and committed rape on her. Father of the prosecutrix, namely PW -5 Gopali Singh, approached the Station Master PW -7 Brij Lal, who then called PW -8 Partap Singh, who worked as Water Carrier at the Railway Station. Partap Singh had earlier, on the relevant night, been approached by Respondent Mast Ram at the railway station for delivery of some goods booked by him at Temple Railway Station. He informed the Station Master PW -7 Brij Lal that he knew one person by the name of Mast Ram, who met him at the railway station that very night. Then search started for the Respondent. He had his in -laws' house near the railway station. Prosecutrix was taken by PW -8 Partap Singh and Railway Protection Force people to the house of the in -laws of Respondent, where a photograph was there. It was framed. From that photograph prosecutrix identified the Respondent to be the main who had committed beastly act.