STATE OF HP Vs. NARENDER KUMAR ALIAS HIRA

JUDGEMENT

(1.) This appeal under Section 378 of the Code of Criminal Procedure by the State is directed against the judgment of acquittal dated 10.1.1995, passed by the learned Sessions Judge, Solan, H.P. in Sessions Trial No. 21-S/7 of 1992 under Sections 363, 376 and 368 IPC.

(2.) It is the case of the prosecution that Sh. Mange Ram (PW-4) used to reside in village Drumbal, Kasauli H.P. along with his family including the prosecutrix (PW-3) aged 14 years. On 31.12.1991 he and his wife Smt. Laxmi Devi had gone out for work leaving behind their children, including the prosecutrix at home. Smt. Laxmi Devi came back at about 4 P.M. and did not find the prosecutrix at home. Her son Monty informed her that one Kumari Ganja d/o. Sh. Nand Lal had come and the prosecutrix had gone with her. Inspite of her attempts she could not trace the prosecutrix and as such at about 5.00 p.m. she disclosed this fact to her husband. At about 6.00 p.m., both Sh. Mange Ram and Smt. Laxmi Devi visited the house of Sh. Nand Lal to enquire about the whereabouts of their daughter from Ganja. However, Ganja was not available in her house at that time. At about 8.30 p.m. Ganja visited the house of Sh. Mange Ram and told him that the prosecutrix was noticed near the gate. Accordingly Sh. Mange Ram and Smt. Laxmi Devi alongwith Sh. Gajraj and Sh. Sudershan tried to look for the prosecutrix there. They tried to locate the prosecutrix at various places and inspite of their efforts could not find her. On further inquiry Sh. Mange Ram learnt that one Sh. Bali and his wife Smt. Angoori had been visiting the house of Sh. Nand Lal recently and expressed suspicion upon these two persons. As such Sh. Mange Ram got a complaint lodged with the Police Station, Kasauli being F.I.R. No. 2/92 (Ext. PW4/A) dated 3.1.1992. The same was registered under Sections 363 and 366 of the Indian Penal Code.

(3.) The matter was investigated by ASI Sukh Ram (PW-12), Police Post Kuthar, Police Station, Kasauli. During investigation it was found that Ganja had taken the prosecutrix from her house on the pretext of meeting her parents in the Kasauli bazaar from where wheat flour was to be carried. Accused Narender met the prosecutrix in the bazaar at Kasauli and informed her that her parents were waiting for her at a little distance ahead. Upon expressing her reluctance to go any further, accused Narender threatened her and thereafter took her to a temple of "Gugga Marri" where she was confined in a small room throughout the night. On that night the said accused twice raped the prosecutrix. Next morning he took her to the house of his real brother namely Surender Kumar at Patiala (Punjab). Surender Kumar (accused No. 2) and his wife Smt. Lajwanti (accused No. 3) were informed by the prosecutrix that she had been forcibly brought by accused Narender and that he had forcibly committed sexual intercourse with her in the night of 31.12.1991. The prosecutrix was kept at Patiala till 8.1.1992 and even there she was forcibly subjected to sexual intercourse by accused Narender every night. Since PW-4 had lodged a complaint with the police, parents of the accused Narender and Surender came to Patiala and took the girl back to Kasauli. On 9.1.1992, both the prosecutrix and accused Narender were produced before the police by Smt. Goma Devi (mother of accused Narender). The prosecutrix was handed over to her parents. She was got medically examined by Dr. Radha Chopra (PW-1) who issued the medical certificate Ext. PW1/ A. As per the medical opinion prosecutrix was used to sexual intercourse. The Skiagram and the Ossification test was further got conducted upon her by Dr. J.P. Kaushik (PW-2), who opined her age to be of 15 to 16 years. Copy of the Pariwar Register (Ext. PW-8/A) of the family of Sh. Mange Ram issued by Sh. Ram Dutt Sharma, Gram Panchayat Adhikari (PW-8) was also got collected during the course of the investigation. The matter was further investigated and with the completion of inquiry the challan was presented in the Court for trial.