STATE OF HIMACHAL PRADESH Vs. MOHINDER KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment, dated 14.11.2002, passed by learned Additional Sessions Judge -I, Kangra at Dharamshala, H.P., vide which the respondent was acquitted of the charge framed against him under Sections 376 and 511 of the IPC. The prosecution story in brief is that on 4.10.2000, a statement was recorded by the police under Section 154 Cr.P.C. of one Champa Devi in which she had alleged that her younger daughter, who is studying in 2nd class, had gone for grazing cattle on 2.10.2000 alongwith one Meena Devi. There the respondent was also grazing his cattle, who met them. He gave Rs. 4.00 to Meena Devi to bring toffees and in her absence, he carried the prosecutrix on his back behind a big boulder, removed his pants and Salwar of the prosecutrix and took her in his lap and committed rape with her. He also gave a threat to the prosecutrix not to tell about this incident to her parents otherwise they would be killed. The prosecutrix told about the incident to her mother after two days on 4th, when Shakuntla Devi and Kanta Devi were also alleged to be present there. Then the mother of the prosecutrix boarded a bus and came to the Police Station to lodge the report. On this report, a case was registered and after investigation, the challan was filed before the learned Judicial Magistrate Ist Class, Dehra, who committed the case to the court of the learned Sessions Judge, from where the case was assigned to the learned trial Court. The learned trial Court tried the respondent under the above mentioned Sections leading to his acquittal.

(2.) WE have heard Mr.Rajesh Mandhotra, learned Deputy Advocate General for the appellant and Mr.O.P. Sharma, learned counsel for the respondent, and have gone through the record of the case.

(3.) IT follows from the above discussion that the age of the prosecutrix at the time of occurrence was about 7/8 years.