STATE OF HIMACHAL PRADESH Vs. BAHADUR BIR

JUDGEMENT

(1.) State has challenged the acquittal of respondents Bahadur Bir and Ashok Kumar of offences, under Sections 342, 363, 366, 376 read with Section 109 of the Indian Penal Code, recorded by the trial Court vide judgment dated 20.09.1999, by means of the present appeal.

(2.) Prosecutrix examined as PW-18 (name withheld), was a student of 10th standard of Government school in the area of Sub-division Rohru of Shimla District in the year 1994. Respondent Bir Bahadur was also a student of that very school. On 06.05.1994, when the prosecutrix alongwith her friend Sneh Lata, examined as PW-1, was returning home after attending the school, respondents Bahadur Bir and Ashok Kumar started following them. When the respondents reached near a place called Chopoti, they saw PW-4 Rajinder Singh and PW-16 Kirpa Lal, an uncle of the prosecutrix, sitting there. Respondents asked them to go away towards their village as one of them, namely, respondent Bahadur Bir wanted to sort-out some matter with the prosecutrix. The two witnesses then left the place. Similarly, Sneh Lata (PW-1), the friend of the prosecutrix was also asked to go to her house as respondent Bahadur Bir wanted to discuss some matter with prosecutrix. After Sneh Lata and the abovenamed two witnesses went away, respondent Bahadur Bir allegedly took the prosecutrix to his nearby Dogri (out-house), situated by the side of the path. The room of that Dogri was locked from outside by respondent Ashok Kumar. Bahadur Bir is alleged to have committed sexual intercourse with the prosecutrix without her consent and against her will after the Dogri's door had been locked from outside. Prosecutrix, according to the prosecution, was below 16 years of age at the relevant time.

(3.) Kirpa Lal alias Shishu Pal (PW-16) informed Vidya Singh (PW-3) telephonically that the prosecutrix had been kidnapped by respondent Bahadur Bir. Vidya Singh (PW-3) then went to the forest where the mother of the prosecutrix had gone to collect fuel wood. He informed the mother of the prosecutrix PW-2, namely, Timni Devi about the incident. Timni Devi went to the out-house of respondent Bahadur Bir but when she did not find the prosecutrix in that out-house, she went to Police Station Rohru and lodged F.I.R. Ex.PW-2/A. The F.I.R. was lodged at 9:30 P.M. As per F.I.R., the prosecutrix had been kidnapped by respondent Bahadur Bir.