STATE OF HIMACHAL PRADESH Vs. BHAG SINGH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 26, 27 and 28 September, 1998, accused were put to trial. In terms of judgment dated, 29.1.2005, passed by the Ld. Presiding Officer, Fast Track Court, Hamirpur, H.P. in Sessions Trial No. 15 of 2001/5 of 2004, titled as State versus Bhag Singh and others, all the accused persons stand acquitted of the charged offences.

(2.) IT is the case of prosecution that prosecutrix (PW -5) was undertaking training at sewing centre in village Baragram. On 26.9.1998 prosecutrix was on way to the sewing centre when accused Bhag Singh who runs a vegetable shop close by asked her to come inside his shop. The moment prosecutrix entered accused immediately closed the door and then forcibly committed sexual intercourse with her. He threatened her not to disclose the incident to anyone. She was confined and made to stay inside the shop throughout the night and allowed to leave next day. She came to her house but due to the threats given by accused Bhag Singh did not narrate the incident to anyone. Again on 27.9.1998, accused Bhag Singh came to her house and in the absence of her parents forcibly took her to his shop and confined her there throughout the night when again she was raped by him. Following morning i.e. 28.9.1998 she was made to sit in a bus. In the bus prosecutrix saw accused Parkash Chand and accused Nand Lal sitting. When she wanted to alight from the bus at the sewing centre both of them prevented her. It was only at Samaila curve that she was allowed to alight the bus where accused Nand Lal and Parkash Chand also got down. Thereafter accused Nand Lal took the prosecutrix into the forest and sexually assaulted her. Accused Parkash Chand kept standing on the road. From there accused Parkash Chand took the prosecutrix in a bus to the Rest House at Bijhar. After some time he took her to nearby forest and forcibly committed sexual intercourse with her. Accused Parkash Chand then brought accused Ramji Dass @ Pappu who also forcibly subjected her to sexual intercourse. In turn accused Ramji Dass brought accused Raju who also raped her. Raju then took the prosecutrix to his house at Bhota where she spent the night. Even here Raju had sexual intercourse with her. Following morning Raju dropped her at Rest House, Bijhar where prosecutrix met her mother who took her home. Since prosecutrix was not feeling well and her father had gone out to search her, she did not narrate the incident to her mother but waited for her father to return. The following morning, i.e. 29.9.1998 her father returned. She narrated the incident to her parents who took her to the police station where she lodged F.I.R. No. 92/98 (Ext. PW 5/A), dated 1.10.1998, under Sections 342, 363, 366 -A, 376, 506 IPC at Police Station Barsar, Distt. Hamirpur, H.P.

(3.) ACCUSED Bhag Singh and Raj Kumar were charged for having committed offences punishable under Sections 342, 363, 366, 376, 506 IPC, accused Ramji Dass @ Pappu was charged for having committed offences punishable under Sections 376 and 506 IPC, and accused Nand Lal and Parkash Chand were charged for having committed offences punishable under Sections 363, 366, 376 and 506 IPC, to which they did not plead guilty and claimed trial.