STATE OF HIMACHAL PRADESH Vs. NARENDER KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 2.10.1997, accused were put to trial. In terms of judgment dated 22.3.2002 passed by Sessions Judge, Mandi, in Sessions Trial No. 15 of 1998, titled as State of H.P. V/s. Narender Kumar and Ors. accused stands acquitted of the charged offences.

(2.) IT is the case of the prosecution that the accused are residents of village Sankhetar, Police Station, Joginder Nagar, Distt. Mandi. Prosecutrix (PW -2) is also resident of the same village. On 2.10.1997 at about 9.30 P.M., while prosecutrix was sleeping in her house, accused forcibly entered her house by breaking open the main door and started giving beatings to her. When she tried to raise an alarm, accused Hoshiar Singh gagged her mouth with his hands and also gave her blows on her face and body. Thereafter they all raped her turn by turn. Even thereafter, they assaulted her and then left the spot. On 3.10.1997, prosecutrix reported the matter with the police and F.I.R. No. 142/1997 (Ext.PD) dated 3.10.1997 was registered at Police Station, Joginder Nagar. The matter was investigated by ASI Parkash Chand (PW -8), who got the prosecutrix examined from Dr. M.K. Rana (PW -4) and obtained MLC (Ext.PF). Certain clothes from the house of the prosecutrix were recovered by the police in the presence of Smt. Kaushalya Devi (PW -3). Accused were examined by Dr. Dharuv Dev Rana (PW -1), who issued MLCs (Exts. PA, PB & PC).

(3.) IN order to prove its case, prosecution examined 8 witnesses and the statements of the accused under Section 313 Code of Criminal Procedure were also recorded in which they took up a plea of false implication. They also examined four witnesses in their defence, including the husband of the prosecutrix.