STATE OF H.P. Vs. PAWAN KUMAR

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 20.1.1995 passed by learned Sessions Judge, Mandi, Kullu and Lauhal-Spiti District at Mandi, H.P. in Sessions trial No. 35 of 1993, thereby acquitting the respondent/accused for the offences under Sections 452 and 376 of the Indian Penal Code.

(2.) In order to adjudicate the present criminal appeal, it is necessary to give the factual background of the case. On 7.2.1993, victim aged about 40 years, had gone to the place of Jamaldin in Sundernagar colony, where Abdul Hassan and Jamaldin were present at about 7.00 p.m. At that time, accused Pawan Kumar, armed with knife Ex-trespassed the quarter and threatened Jamaldin and Abdul Hassan by putting the knife on the chest of Jamaldin and asked them to get out of the room. On such threat, all the three, i.e. Abdul Hassan Jamaldin and Rafi Mohammad, son-in-law of Jamaldin, rushed out of the quarter and the victim was cornered by the accused and when she tried to ran, she was followed by the accused and was caught by the accused and threw her on the Varandah. Thereafter, accused injured the victim on her thigh, torned her clothes and subjected her to sexual intercourse. When victim cried two or three boys came on the scene. In the meanwhile matter was reported to the police by Jamaldin. Ex. PW-11/A was recorded and accordingly an F.I.R. was lodged and accused was charged for the aforesaid offences and the case was committed for Sessions trial.

(3.) In order to prove its case, prosecution has examined as many as 15 prosecution witnesses, whereas to his statement under Section 313 Cr.P.C., accused person denied the prosecution case.