STATE OF H.P. Vs. SUNIL KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 7.4.2001, accused was put to trial. In terms of judgment dated 29.6.2002 passed by learned Sessions Judge, Hamirpur, in Sessions Trial No. 24 of 2001 titled as State of H.P. vs. Sunil Kumar, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that prosecutrix is deaf, dumb and blind. She is also mentally retarted. She has no control over her senses. She was born on 9.8.1987 to Ms. Rani Sharma (PW -1) through her husband Sh. Satish Kumar (PW -3). Prosecutrix has got one elder sister and one younger brother. On 7.4.2001 at about 5.30 p.m. while PW -1 was cutting grass in the court yard of her house, she heard cries of the prosecutrix coming from one of the rooms of her house. She went into the road to see as to what had happened. She found that the accused had opened his pants and was standing besides the prosecutrix. Seeing PW -1, accused apologized for having raped the prosecutrix. Immediately PW -1 examined her daughter and found blood on her private parts. She had also urinated. In the meanwhile, accused ran away from the spot. PW -1 complained about the incident to the mother of the accused but was told her that since accused had ran away from the house, she would take -up the matter upon his return. She was requested not to make the incident public. PW -1 changed the clothes of the prosecutrix and washed the soiled clothes. On 9.4.2001 when PW -3 who was away for work returned home, PW -1 narrated the incident to him. Immediately PW -3 approached the father of the accused and narrated the incident to him. He was also told by parents of the accused that since accused was absconding, they would look into the matter upon his return. Accused returned home only on 28.5.2001. At that time PW -3 was away for work. On 30.5.2001 when PW -3 returned home, he convened meeting of the Panchayat and in the presence of residents of the village and certain members of the Panchayat i.e. Smt. Shakuntla Devi (PW -4), Sh. Bishambhar Dutt (PW -5) and Sh. Jaswant Singh (PW -6), accused admitted his guilt in terms of compromise (Ext.PW -4/A). Accused promised to mend his behaviour and not to be seen around the house of the prosecutrix. Since on 20.7.2001 accused was seen around the house of the complainant, on 21.7.2001 PW -1 lodged F.I.R. No.112/2001 (Ext.PW -1) under Section 376 IPC with Police Station, Nadaun. Sh. Nathu Ram (PW -15), SHO, Police Station, Nadaun commenced investigation. During investigation, compromise (Ext.PW -4/A) was taken on record. Certificate (Ext.PW -9/A) showing date of birth of the prosecutrix to be 9.8.1987, was taken on record. Prosecutrix was got medically examined through Dr. Dinesh Thakur (PW -16) who issued MLC Ext.PW -16/A. Accused was also got medically examined through the very same doctor. As per medical record, accused was found fit to perform sexual intercourse. Possibility of the prosecutrix being subjected to rape could not be ruled out for the reason that two fingers could be inserted inside her vagina. Investigation revealed complicity of the accused to the crime. Hence challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined 16 witnesses and statement of the accused under Section 313 Cr.PC was also recorded in which he pleaded innocence and false implication.