STATE OF H.P. Vs. AJAY KUMAR

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration in reference to judgment dated 30.6.2000, passed by learned Judicial Magistrate, 1st Class Court No. 5, Shimla H.P. in Cr. Case No. 10/2 of 2000, thereby acquitting the Respondent/accused for the offence under Section 377, 506 IPC.

(2.) THE prosecution case is that complainant (name not given) was student of 2nd Class in Arya Samaj Public School, Lower Bazar. On 29.11.1999 at about 7.30 PM when he was going towards his shop, accused met him in front of the shop of Bata shoes allured him to offer money and VDO game. When the victim was coming towards his home, the unknown person caught him and closed his mouth and the victim was taken towards Lakkar Bazar bus stand parking via Shiv Mandir behind the bushes by the accused where accused put off the clothes of victim and was forced to rely on the earth and carnal intercourse was made with the victim. The complainant sustained abrasion on his person. The matter was reported by the victim to his mother and grand mother and accordingly FIR was lodged. After investigation, accused was charged for the aforesaid offences.

(3.) PW -2 Anu Rag Aggarwal, stated that he knew Raj Kumar Aggarwal and his cousin. On 29.11.1999, he received information that his nephew victim was missing and thereafter he came to know that the victim has been assaulted by way of carnal intercourse. Statement Ext PW -1/A was recorded and he accompanied on 30.11.1999 with police to the place of occurrence.