STATE OF HIMACHAL PRADESH Vs. SHASHI KUMAR

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 28.3.2005, passed in Sessions trial No. 28/2004, by learned Sessions Judge, Kangra, acquitting the respondent/accused for the offence punishable under Section 376 of the Indian Penal Code in reference to FIR No. 234 of 2003, dated 1.7.2003. The prosecution case, in brief, is that the victim/prosecutrix (name not given) was studying in Government Senior Secondary School, Banuri in 10+1 class. On 1st July, 2003, at 2.00 P.M. she was returning from school to her house with Reenu and Meenu, who took different route. While the victim reached a Nallah near her house at

(2.) 30 P.M., the accused after meeting her there immediately gagged her mouth and dragged her to nearby bushes and sexually assaulted her. The victim with great difficulty reached her house, where she narrated the incident to her mother Satya Devi. The matter was reported to ward panch Malkan Devi, thereafter, the prosecutrix, her mother and Malkan Devi went to the police station and lodged FIR. The victim/prosecutrix was medically examined by PW -1, Dr. Sushma Sood and issued MLC Ex. PW -1/B and X -ray was also conducted to ascertain her skeletal age vide form Ex. Pw -1/C. After chemical examination and its report, accused/respondent was charged for the aforesaid offences. 2 In order to prove its case, prosecution examined as many as 11 prosecution witnesses, whereas, the accused in his statement recorded under Section 313 of the Code of Criminal Procedure, denied the prosecution case.

(3.) PW -2, Dr. Arvind Bhan, conducted X -Ray for determination of skeletal age of the victim, which is Ex. PW -2/A to Ex. PW -2/E. He assessed the skeletal age of the victim above 17 years and below 19 years.