STATE OF H P Vs. AJESH KUMAR

JUDGEMENT

(1.) The learned Special Court Una, District Una, H.P., drew charge(s) against accused Ajesh for offences punishable under Section 363, and, under Section 366-A, of, the IPC, read with Section 34 of the IPC, and, under Section 354 of the IPC & under Section 8 of the POCSO Act besides the learned Special Court concerned, drew charges against accused Ajay Kumar, for, his committing offences punishable under Section 363, and, under Section 366-A read with Section 34 of the IPC, and, accused Om Pal became charged for his committing an offence punishable under Section 506 of the IPC. However, the learned Special Court concerned, proceeded to make an order of acquittal, vis-a-vis, all the afore drawn charges, and, qua all the accused/respondents herein. The State of Himachal Pradesh becomes aggrieved therefrom, and, hence through the extant Cr.MP(M), has sought, the, leave of this Court, for appealing against the afore order, of, acquittal, as, made by the learned Special Court concerned, upon, Sessions trial No. 20/2018.

(2.) The genesis of the prosecution case, is, embodied in Ex.PW5/A, exhibit whereof embodies, a, statement of the prosecutrix/victim, recorded under Section 154 of the Cr.P.C., (i) wherein, she narrates, qua on 27.06.2017 at about 8.00 p.m., upon, her parents being unavailable at home, and, hers along with younger brother sitting in her house, and, watching TV hence thereat accused making his arrival, and, requesting her to accompany him, and, he, is narrated by her, to, make an offer to marry him, and, also unless, the offer is not accepted, his threatening to commit suicide. She further narrates that without the consent of her parents, she proceeded to join the company of the accused, and, both on the motorcycle of the accused proceeded to Nangal bus-stand, and, wherefrom, they proceeded to Anandpur Sahib, and, therefrom to Ambala in a train, and, thereonwards they both proceeded to Delhi. She proceeds to narrate therein that at the abode of accused's aunt, the accused kissed her twice, or, thrice, and, also touched her breast. On the basis of afore statement, of, the prosecutrix/victim, and, as become embodied in Ex.PW3/A, FIR Ex.PW13/A became registered at Police Station, Sadar Una, District Una, Himachal Pradesh.

(3.) The MLC of the prosecutrix is embodied, in, Ex.PW3/A, wherein echoings are borne, vis-a-vis, no external injury marks occurring on the body of the victim. However, there occurs a reference to the opinion of the Radiologist working, at, Regional Hospital, Una, wherein he makes an echoing, vis-a-vis, the radiological age of the victim ranging between 18 to 20 years, and, also therein occurs an echoing, vis-a-vis, the ossification age of the victim, as made by the Dental Surgeon, being above 16 years. The school leaving certificate, as, procured by the Investigation Officer, and, embodied in Ex.PW11/A, reflects, vis-a-vis, the victim/prosecutrix being a minor, in contemporaneity, with the afore offence taking place, at the site of occurrence. During the course of the investigations, the investigating Officer had taken the victim, before the learned Magistrate concerned, and, the latter had recorded her statement, under, Section 164 of the Cr.P.C., wherein echoing(s), in completest consonance, with the version set forth, by the prosecutrix, and, as embodied in Ex.PW5/A, become vividly voiced. The afore statement is signatured by the prosecutrix/victim, and, as also a certificate qua the prosecutrix volitionally making the afore statement, is, carried thereon, and, is signatured by the learned Magistrate concerned.