STATE OF HIMACHAL PRADESH Vs. RAMESH KUMAR

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378(3) of Code of Criminal Procedure against the judgment dated 30.6.2000, passed by Learned Sessions Judge, Hamirpur, H.P., in Sessions Trial No. 04 of 2000, acquitting the accused -Respondents for the offences under Sections 376(2)(g) and 302 read with Section 34 of the Indian Penal Code in respect of the offence of sexual assault and murder of victim/deceased.

(2.) THE prosecution story, in brief, is that on 6.5.1999, victim/deceased aged about 11 years, a student of 6th standard of Government Senior Secondary School, Rail, District Hamirpur, did not come back from the school. Despite exhaustive search also her whereabouts were not known. Subsequently, Smt. Meena Kumari (PW.1), the mother of the victim/deceased, made search along with Chanchla Devi and her husband. During search, the victim/deceased was found lying on the ground in Gamtyala Nullah, face towards sky, tied with dupatta around her neck. On seeing the dead body, Sh. Basudev (PW.3), the father of the victim/deceased, became speechless and regained consciousness after being fetched water, PW.3 was giving signal by raising two fingers. (PW.3) was admitted in District Hospital for treatment w.e.f. 6.5.1999. On being discharged on 9.5.1999, when reached home, he disclosed the incident to his elder brother. In the mean time, Jai Chand (PW.9), a retired teacher while coming to Rail, came across both the accused, to whom accused -Respondents confessed that they have raped and killed the victim/deceased. The accused -Respondents were arrested on 9.5.1999. After investigation, accused persons were charged for the aforesaid offences and were tried by learned Sessions Judge.

(3.) PW -10, Dr. N.S. Dogra, Medical Officer, District Hospital, on application (Ex.PW.10/A) of the prosecution, conducted the post -mortem examination of the victim/deceased on 7.5.1999 and noticed following injuries on her person: