STATE OF HIMACHAL PRADESH Vs. SHYAM CHAND KATOCH

JUDGEMENT

(1.) STATE has come in appeal against the judgment dated 29.4.2001 rendered by the learned Additional Sessions Judge, Mandi in Sessions Trial No. 20 of 1996 whereby the respondent, who was charged with and tried for offence punishable, under sections 376 of the Indian Penal Code, has been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that prosecutrix Kumari Krishna Devi daughter of Keshav Ram (PW-10) was resident of village Dogri. She got her statement recorded on 7.7.1994 Ex. PK, under section 154 of the Code of Criminal Procedure to the effect that she was student of 5th class and her parents were poor, therefore, she was employed in the house of respondent on payment of Rs. 200/- per month. In the night of the month of June, 1993, respondent entered the room after consuming liquor where the prosecutrix was sleeping and committed sexual intercourse with her. Respondent threatened the prosecutrix to do away with her life in case she disclosed about this incident. Thereafter respondent developed illicit relations with the prosecutrix. Prosecutrix could not disclose this incident out of fear. She went to her house on 5.11.1993. Thereafter, she went to her maternal aunt on 6.11.1993. She returned to her village on 29.6.1994 and told her parents that the respondent has committed sexual intercourse with her and she was carrying 8-9 months' pregnancy. On the basis of the statement of prosecutrix, case under section 376 of the Indian Penal Code was registered vide F.I.R. Ex.PL at Police Station, Balh. Prosecutrix was medically examined by PW-1 Dr. (Mrs.) Suresh Kaul. She was found carrying pregnancy of approximately 34-36 weeks and she was exposed to sexual intercourse about 9 months back. The age of the prosecutrix, as per certificate, issued by PW-2 was between 17-19 years. The matter was investigated and the challan was put up after completing all the codal formalities.

(3.) MR. M.S. Chandel, Senior Advocate has supported the judgment dated 29.4.2000.