STATE OF HIMACHAL PRADESH Vs. PREM LAL

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 4.6.1995, accused was put to trial. In terms of judgment dated 17.11.1999 passed by the learned Sessions Judge, Chamba Division, Chamba, H.P. in Sessions Trial No. 2 of 1996, titled as State V/s. Prem Lal accused stands acquitted of the offences punishable under Sections 376 and 506 I.P.C.

(2.) IT is the case of the prosecution that on 4.6.1995 at about 1.30 p.m. prosecutrix (PW -16), resident of village Saintha, had gone to collect grass from the jungle. There at about 2.00 p.m. accused caught her and after gagging her mouth, took her to the nearby Nala where he forcibly committed sexual intercourse with her without her consent. Accused also tore her clothes. After committing the crime accused ran away from the spot. Prosecutrix came home and narrated the incident to her mother Smt. Ratanu (PW -2). Sh. Kishan Chand (PW -1), father of the prosecutrix, took her first to the police at Tissa and then to Chamba where he moved petition (Ext. PA) to the Deputy Commissioner, Chamba on the basis of which F.I.R. No. 55/1995 (Ext. PH) dated 6.6.1995 was registered at Police Station, Tissa under Section 376 I.P.C. Police got the prosecutrix medically examined through Dr. Brij Bala (PW -5) who issued medical certificate (Ext. PE). Since prosecutrix was minor, Doctor opined determination of her radiological age. Consequently prosecutrix was got medically examined through Dr. Lokender Badotra (PW -6) Dental Surgeon and Dr. R.K. Mahajan (PW -7) Radiologist who issued certificates (Ext. PE/2 and Ext. PF/1). As per the doctors prosecutrix was less than thirteen years of age. Certificate (Ext. PK) issued by Sh. Nikka Ram (PW -13), showing the date of birth of the prosecutrix to be 15.6.1982 was also taken by the police on record. Accused was got medically examined through Dr. O.P. Puri (PW -4) who issued certificate (Ext. PD). Clothes of the prosecutrix and the accused were seized by the police and sent for chemical analysis and report of the chemical examiner (Ext.PG) taken on record.

(3.) IN order to prove its case prosecution examined seventeen witnesses and the statement of the accused under Section 313 Code of Criminal Procedure was recorded. While answering questions No. 12 and 13 accused stated that: Q.12. Why this case has been made against you? Ans. This case has been made on account of enmity because Shri Negi Ram, uncle of the prosecutrix had given beatings to my uncle Sh. Baga Ram prior to the said incident, as a result of which the uncle of the prosecutrix was sent to prison. Q.13. Why the witnesses have deposed against you? Ans. They have deposed falsely due to the said enmity.