STATE OF H P Vs. ASHWANI KUMAR

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 20.01.2001, passed by the learned Sessions Judge, Kangra at Dharamshala, District Kangra, H.P. in Sessions Trial No. 22 of 2000, acquitting the respondent-accused for the offence under Section 376 IPC in reference to FIR No. 11 of 2000 dated 22.01.2000.

(2.) AS per prosecution story, PW-2 victim-prosecutrix (name not given), daughter of PW-1, aged about 15 years, on 19.01.2000 at about 7-8 a.m had gone in a tea garden for easing out. Accused-respondent came there and pushed her and forcibly committed rape on her and escaped thereafter. The victim- prosecutrix came back to home and informed her mother, who later on informed Bodhraj, Pardhan of the Panchayat, who advised them to report the matter to the police. Thereafter, the matter was reported to the police on 22.01.2000 at about 4:30 p.m. The victim- prosecutrix was medically examined by PW-3, Dr. Veena and thereafter by Dr. Seeta Thakur. After completion of investigation, the accused-respondent was charged for the aforesaid offence.

(3.) PW-2/victim-prosecutrix has stated that on the fateful day when she was to ease out in a tea garden at about 7-8 a.m., the moment she was easing out, Ashwani Kumar/accused-respondent suddenly came there and pushed her and forcibly committed sexual intercourse and when she tried to raise alarm, the accused- respondent gagged her mouth with his hands and after committing rape he ran away. The victim-prosecutrix came back weeping and informed her mother. On that day maternal uncle of the mother of the victim-prosecutrix had died and her mother went there. On her return, PW-1 (mother of the victim-prosecutrix) went to the house of the accused-respondent and the mother of the accused-respondent told her not to report the matter to the police. Thereafter, the matter was reported to the police on 22.01.2000 at about 4:30 p.m. and she (victim-prosecutrix) was medically examined.