STATE OF HIMACHAL PRADESH Vs. ISHWAR CHAND

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 23rd September, 2003, accused was put to trial. In terms of judgment dated 29th March, 2006, passed by learned Additional Sessions Judge (Presiding Officer Fast Track Court), Solan, in Sessions Trial No.3FTN/7 of 2005/ 2004, titled as State of H.P. versus Ishwar Chand, accused stands acquitted of the charged offences. Whether reporters of the local papers may be allowed to see the judgment

(2.) IT is the case of the prosecution that prosecutrix (PW-2), daughter of Shri Laxman Dass (PW-1) and Smt. Mito (PW-3), was residing in village Takeri, Police Station and Tehsil Nalagarh, District Solan. She had left her studies in 7th Class.Accused Shri Ishwar Chand, aged 23 years, was residing in village Khameda, Tehsil Anandpur Sahib, District Ropar (Punjab). Accused used to visit the village of the prosecutrix. Intimacy developed between the accused and the prosecutrix, who was below 16 years of age. Accused wanted to get married to the prosecutrix and as such wanted her to talk to her parents about the same, which, however, was not so done by the prosecutrix. On 23rd September, 2003 at 6 p.m., accused called the prosecutrix to a place known as Taked Khad. From there he took her to Banga, on the pretext of marrying her. From Banga he took her to Anandpur Sahib (Punjab) and then to Una (H.P.), where accused forcibly committed sexual intercourse with the prosecutrix and took her to his friend's house at Ludhiana (Punjab), who advised the accused to leave his house. Prosecutrix was then taken by the accused to a place known as Gompura (Punjab), where she was kept for some days. Since PW-1 found his daughter missing 26th fromhome, he lodged FIRNo.154/2003dated September, 2003 (Ex. PW-11/B) at Police Station Nalagarh, District Solan, H.P.Police team, headed by ASI Shri Harjeet Singh (PW-13) recovered the prosecutrix from village Bhageri. Prosecutrix was got medically examined from Dr. Brind Kapil (PW-9), who issued MLC (Ex. PW-9/A), which showed that prosecutrix was subjected to sexual intercourse. However, no marks of injury were found on her body. Radiological age of the prosecutrix was also got determined and skiagram test recorded that her age was between 16 and 19 years. This was so done by Dr. M.R. Verma (PW-8). In order to prove that prosecutrix was below 16 years of age, Investigating Officer took on record birth certificate (Ex. PW-5/A) from Shri Avtar Singh (PW-5), Secretary of Gram Panchayat and school certificate (Ex. PC) from Smt. Anju Gautam (PW-12). Accused was also got medically examined. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN orderto prove itscase,prosecution examined as many as thirteen witnesses and statement of accused under Section 313 of the Code of Criminal Procedure was also recorded.