STATE OF H.P. Vs. ARJUN KUMAR

JUDGEMENT

(1.) Mr. Manoj Pathak, has been requested to assist this Court, on behalf of the respondent-accused 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 5.11.1999, passed by Learned Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Case No. 51-P/VII/98, under Section 376 of the Indian Penal Code, acquitting the alleged accused/respondent.

(3.) The prosecution story is that PW.3 victim / prosecutrix, daughter of Pratap Chand (PW.4) was coming at about 8.00 P.M. to the thrasher of Jagat Ram from her house and accused-respondent Arjun Kumar came from behind and caught hold of her, and accused gagged her mouth with his hand. Thereafter, accused took her to nearby bushes, after removing her salwar forcibly and committed sexual intercourse. While leaving the place, he also gave her threats that in case she would disclose this fact to her family members, he will do away her life. On the way, PW.5 Jagdish Chand, uncle of victim / prosecutrix met her, to whom she narrated the incident, who also brought the victim to her house and narrated the incident to her father and mother. Accordingly, matter was reported to the village Pardhan, Shri Madan Lal (PW.8). On the next day, report Ex.PG was lodged. PW.1 Dr. S. Kaul examined the victim / prosecutrix. After investigation, accused was charged for the offence under Section 376 of the Indian Penal Code and the case was committed for Sessions Trial.