STATE OF H.P. Vs. SURAT SINGH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 8.2.1993, accused was put to trial. In terms of judgment dated 6.11.1999 passed by learned Addl. Sessions Judge, Mandi, in Sessions Trial No. 15 of 1995 titled as State v. Surat Singh, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that prosecutrix (PW -14) was born on 7.9.1976. Her mother Smt. Barfi Devi (PW -10) had desired the prosecutrix not to pursue her studies and get married early in life. Prosecutrix had passed 8th standard but had failed in the 10th class and left the school. Smt. Seema Devi, eldest daughter of PW -10, who was married to Sh. Pritam Singh (PW -15) and residing at New Delhi was opposed to this idea. On 8.2.1993 at about 10 P.M. accused approached the prosecutrix and told her that her sister Smt. Seema Devi had desired that prosecutrix should come to Delhi. He volunteered to take her. Prosecutrix immediately accompanied the accused and left her house at village Bhambla to a place called Jahu in a taxi owned by Sh. Kali Dass (PW -8). They were accompanied by Sh. Shyam Kumar (PW ¬9). From Jahu they went to Bilaspur and stopped for the night at village Panjara where they stayed in the house belonging to the aunt of the accused. On 9.2.1993 accused took the prosecutrix to Chandigarh where he stayed in the house of his relatives. There accused forcibly committed sexual intercourse with the prosecutrix. On 11.2.1993 accused took the prosecutrix to Manimajra where they spent two nights in the house of his another relative. On 10.2.1993, PW -10 learnt that prosecutrix had been taken away by the accused. Consequently she sent her son to Delhi to inquire about their whereabouts. She was informed by her son that prosecutrix had not reached Delhi. Consequently on 12.2.1993 Smt. Barfi Devi (PW -10) got lodged FIR No. 30/93 (Ext.PE) dated 12.2.1993 under Sections 363, 366 & 376 IPC at Police Station Sarkaghat. ASI Rup Lal (PW -16) commenced investigation and recovered the prosecutrix from Manimajra on 13.2.1993. Recovery memo (Ext.PB) was prepared in the presence of PW -15. Custody of the prosecutrix was handed over to her elder brother Tasvir Singh. She was also got medically examined through Dr. Rampal Singh (PW -3) who issued certificate (Ext.PC). Radiological examination was conducted by Dr. Jaya Vaidya, (PW -2) Radiologist, Zonal Hospital, Mandi who determined the age of the prosecutrix to be between 151/2 to 16 years. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined 16 witnesses and the statement of the accused under Section 313 Cr.PC was also recorded.