STATE OF HIMACHAL PRADESH Vs. BENI CHAND

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 23.6.2002 passed by the learned Additional Sessions Judge -II, Kangra at Dharamshala whereby the accused No. 1 Beni Chand has been acquitted of having committed offence punishable under Sections 376 and 506 of Indian Penal Code and the other accused namely, Ashwani Kumar and Bhajan Lal have been acquitted of having committed offence of having abated the rape and/or attempt to destroy the pregnancy of the victim.

(2.) THE prosecution story, in brief, is that the accused No. 1 Beni Chand is an Army personnel. The prosecutrix is below 16 years. According to the prosecution, both of them had developed intimacy and had sexual relations. Thereafter the prosecutrix became pregnant. The accused came back from the place where he was serving in the Indian Army and he alongwith second accused Ashwani Kumar went to the third accused Bhajan Lal to abort the pregnancy of the prosecutrix. They did not succeed. The accused Beni Chand thereafter went back to join his duties in Army. It was only thereafter that the prosecutrix informed her parents that she had been raped by accused Beni Chand. Even then No. attempt was made to lodge a police complaint, but the parents of the prosecutrix took her to Hamirpur and again attempted to abort the pregnancy of the prosecutrix. When the doctor refused to abort the pregnancy a complaint Ext. PW4/A was filed on 4th November, 1996.

(3.) THE prosecutrix appeared as PW -4. She by and large repeated what she had stated in the complaint. However, in her statement in the Court she added some further facts. According to her, she was first raped in March, 1995 and next in March,1996. The accused got married on 10th March, 1996. Thereafter on 25th or 26th April, 1996, he again came to her house when she was alone and had sexual intercourse with her. According to her version, the accused told her that he had been married by force by his mother, but he actually wanted to marry the prosecutrix. She informed the accused about the pregnancy and he sent three letters which were marked in evidence. Thereafter accused came back in October, 1996 and tried to get the pregnancy of the prosecutrix aborted as narrated above, but did not succeed. The accused went back to join his duties in the Army and on the intervening night of 28/29th October and thereafter on 31st October, the prosecutrix narrated the entire incident to her mother. She clearly states that she narrated this incident only because she was pregnant. Her mother disclosed this fact to her father, and then they talked with the brother of the accused. Thereafter the brother of the accused (Krishan), head constable Salig Ram, Pradhan of Jaisinghpur and her father took the prosecutrix to Sain Hospital at Hamirpur on 2nd November, 1996. The lady doctor at the hospital checked up the prosecutrix and then informed her and her father that the pregnancy was at an advanced stage and could not be aborted. It is only thereafter that the complaint Ext. PW4/A was filed with the Deputy Commissioner, Kangra on 4.11.1996.