STATE OF HIMACHAL PRADESH Vs. NEERAJ VERMA

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 30.12.1998, accused were put to trial. In terms of judgment dated 13.9.1999 passed by learned Sessions Judge, Solan, in Sessions trial No. 7-S/7 of 99, titled as State of H.P. vs. Neeraj Verma and Others, accused stand acquitted of the charged offences.

(2.) IT is the case of the prosecution that in the night intervening 30th and 31st December, 1998, prosecutrix (PW-3) and her husband Shri Pujari (PW-4) were sleeping in the Hawaghar (rain- shelter) situated just above the railway station, Solan. At about 10.30 p.m. accused Neeraj Verma alias Nitu came with accused Riaz and woke up the prosecutrix and her husband. They pushed PW-4 and asked him about their whereabouts. Nitu represented himself to be police personnel. Thereafter Nitu took out knife and placed it on the body of Pujari. He then caught the prosecutrix by her hand and after dragging her for about 50 mtrs. forcibly took her inside a room where 3-4 Kashmiri labourers were residing. Accused Riaz followed him. Accused also called their accomplice Ayub (accused No.3). Neetu asked the Kashmiri labourers to leave the room. Thereafter, he raped the prosecutrix. While doing so he asked Riaz to keep a watch outside the door. Riaz also raped the prosecutrix inside the room. Thereafter they left the prosecutrix and her husband in the Hawaghar and proclaimed that if the incident was narrated to anyone they would be killed. Prosecutrix and her husband kept sitting in the Hawaghar throughout the night. In the morning they went to the Police Station and lodged FIR No. 328/98 dated 31.12.1998 at Police Station Solan.

(3.) ACCUSED Neeraj Verma and Riaz were charged for having committed offences punishable under Sections 366, 376, 506 read with Section 34, IPC and accused Ayub was charged for having committed offences punishable under Section 342, 366 read with Section 109 and 506, IPC. ACCUSED did not plead guilty and claimed trial.