STATE OF H P Vs. RAMESH KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 10.6.1999, accused were put to trial. In terms of judgment dated 22.11.2000 passed by the learned Sessions Judge, Sirmaur District at Nahan, H.P. in Sessions Trial No. 23-ST/7 of 2000, titled as State of H.P. versus Ramesh Kumar and another, the accused stand acquitted of the charged offences.

(2.) IT is the case of the prosecution that accused No. 2 Sampati Devi was married in village Mubarakpur, Tehsil Derabassi. Prior to that she was married with the cousin of the prosecutrix (PW-5). Accused Sampati Devi proposed that prosecutrix be married with accused No. 1 Ramesh Kumar. She made representation that the said accused was a rich man and well settled in life. Prosecutrix was not averse to the idea but however asked accused Sampati Devi to contact her parents. The proposal made by her sometime in the month of June, 1999 was however not acceptable to the parents. On 10.6.1999 at about 3.00 p.m., accused Sampati Devi brought the prosecutrix to the local bus stand at Rajgarh. There accused No. 1 forcibly dragged the prosecutrix in a car and took her to a place known as Giripul. At Giripul both the accused made the prosecutrix board a bus up to Solan. From there she was taken to village Mubarakpur. On 15.6.1999 marriage between the prosecutrix and accused No. 1 was solemnized in a temple. This however was against the consent and will of the prosecutrix. Thereafter accused No. 1 forcibly committed sexual intercourse without the consent of the prosecution. After the marriage, prosecutrix was taken from Mubarakpur to Kurukshetra and other places. Realizing that his daughter was missing from home Sh. Rattan Singh (PW-3) father of the prosecutrix filed a complaint with the police. On the basis of the said complaint F.I.R. No. 69/99 (Ext. PB) dated 27.6.1999 was lodged with the police station at Rajgarh under Sections 363 and 366 I.P.C. Investigation was commenced by ASI Chura Mani (PW- 7). Prosecutrix was recovered from the custody of accused No. 1 on 30.6.1999. At that time she was residing with the accused at his house in Mubarakpur. Police got the prosecutrix medically examined from Dr. Savita Aggarwal (PW-4) who issued M.L.C. (Ext. PD). The Doctor opined that prosecutrix was more than 19 years of age and was subjected to sexual intercourse. Accused No. 1 was also got medically examined. Clothes of the prosecutrix recovered by the police were sent for chemical analysis and report (Ext. PH) obtained. According to the father, prosecutrix was minor and in order to prove her age police collected her school leaving certificate (Ext. P2). With the completion of investigation challan was presented in the Court for trial.

(3.) COURT below acquitted the accused of the charged offences. Hence the present appeal.