STATE OF H.P. Vs. AMJED KHAN

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 22.5.1997, passed by learned Additional Sessions Judge, Sirmaur District at Nahan, H.P. in Sessions Trial No. 21 -N/7 of 1995, thereby acquitting the respondent/accused for the offence under Sections 341/376 of IPC in reference to FIR No. 153/1994 dated 4.8.1994.

(2.) THE prosecution case is that victim -prosecutrix, resident of Dhabon Mohalla, Nahan has lodged report on 4.8.1994 at 1.15 PM, stating that while she was coming to her home situated at Mohalla Dhabon, Katcha Tank, Nahan from the house of Dr. Ashok at Naya Bazar, Nahan and at about 12.15 PM when she reached near her house, the accused obstructed her way by standing in front of her and caught hold the complainant from her arm and uttered that he will not let her free today and he will outrage her modesty and that the accused kissed the complainant and dragged her down near the path into the bushes. The complainant was forced to lie down. The accused kept his one hand on the mouth of the complainant and from the other hand tried to un -tie the string of the salwar and when the string could not be opened, the accused torn the salwar of the complainant and sexually assaulted the victim -prosecutrix, a passer by noticed such mis -happening and accordingly FIR No. 153/94 was registered against the accused. After investigation, accused was charged for the aforesaid offences under Sections 341/376 of IPC and the case was committed to Session trial.

(3.) PW -1 Dr. R.C. Mohindru, conducted the medical examination of the accused. PW -2 Dr P. Sood conducted the medical examination of the victim -prosecutrix (PW -11) Suraj Pal (PW -3) witnessed of the recovery, Chatter Singh (PW -4) verified the investigation and prepared the challan, Kundan Singh (PW -5) posted as MHC, Police Station, Sadar Nahan during the year 1994, with whom the case property was deposited. PW -8 Choli Ram, clicked the photographs Ex P1 to Ex P5 of the spot, PW -9 Partap Singh who was posted as M.C. Police Boast, Katcha Tank, Nahan, PW -10 Balkish eye witness of the occurrence, PW -11 Nazreen was the complainant herself. PW -12 Umardin husband of the complainant -victim prosecutrix and witness of the recovery and PW -13 Gopi Ram who investigated the case, were examined.