STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed in the month of November, 2003 and on subsequent occasions accused was put to trial. In terms of judgment dated 06-09-2006, passed by the Sessions Judge, Whether reports of Local Papers may be allowed to see the judgment? Chamba Division, Chamba, H.P. in Sessions Trial No. 25 of 2004 titled as State Versus Ashok Kumar, accused stands acquitted of the charged offences.

(2.) IT is the case of prosecution that prosecutrix (PW- 1) was living with her parents Sh. Kumb Dass (PW-4) and Smt. Phuli Devi (PW-3) in village Bara, Tehsil Rampur, District Shimla. In the year 2003, her age was 15 years and was studying in 7th class. Prior to holding of Lavi fair, in the month of January, 2004, parents of the prosecutrix were not at home as her mother had gone to the village Dobi for attending a marriage and father had proceeded to Kinnaur for his work and the prosecutrix was alone with her younger brother. Accused came to their home on the pretext of borrowing school books. Accused had short conversation with the brother of the prosecutrix who after some time went off to sleep. Thereafter, finding the prosecutrix alone at home, accused gagged her mouth and after putting her on the floor, untied the string of her Salwar and forcibly committed sexual intercourse with her. He threatened not to disclose the incident lest she be killed. Thereafter, the accused called the prosecutrix to the jungle where again he committed sexual intercourse with her. This process continued even thereafter. The accused, after 3-4 days came to the house of the prosecutrix and again subjected her to sexual intercourse and on another occasion took her to the cremation ground where again she was subjected to sexual intercourse. Thereafter accused continued to stalk her. When prosecutrix got annoyed, she complained about these facts to her mother on 15.1.2004. Noticeably, this was so done after a period of 4-5 months. Smt.Phuli Devi (PW-3) mother asked Guddu Ram to convey the message to Sh. Kumb Dass (PW-4) father of the prosecutrix who was posted as Peon in District Kinnaur. (PW-4) came on 17.1.2004 and got F.I.R. No.17/04 dated 18.1.2004 (Ex.PW1/A) under Section 376 IPC registered at Police Station, Jhakri. Prosecutrix was got medically examined from Dr. Neelam Verma (PW-5) who issued M.L.C. (Ex.PW5/A). Accused was also got medically examined from Dr. Nisha Sharma (PW6). In order to determine the age of the prosecutrix, investigating agency collected her Birth Certificate (Ex.PW7/B) and extract of Pariwar Register (Ex.PW7/A). Birth Certificates (Ex.PW14/J) and Ex.PW17/A) were also obtained by the prosecution. As per the doctor, prosecutrix was habitual of sexual intercourse. With the completion of investigation, Challan was presented in the Court for trial. 2. Accused was charged for having committed offences punishable under Sections 452 and 376 of the Indian Penal Code, to which he did not plead guilty and claimed trial.

(3.) APPRECIATING the material on record, Court below acquitted the accused of the charged offences, hence, the present appeal.