STATE OF HIMACHAL PRADESH Vs. RATTAN @ RATTO S/O SHRI JARMO, JARMO S/O SHRI MOIYA, SMT. DUMNI W/O SHRI JARMO AND SMT. DILO S/O SHRI RATTO, ALL RESIDENTS OF VILL. GATREHAD, PARGNA SAHO, TEHSIL AND DISTRICT CHAMBA, H.P.

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 5.8.2004, delivered by the learned Sessions Judge, Chamba Division, Chamba, H.P., whereby respondent No. 1 has been acquitted of having committed offences punishable under Sections 376, 451, 323 and 506 -II IPC read with Section 34 IPC and other three respondents have been acquitted of having committed offences punishable under Sections 451, 323 and 506 -II read with Section 34 IPC.

(2.) The prosecution story, in brief, is that the prosecutrix is a married lady. Her husband, PW -2, was employed as Beldar in the Public Works Department at Chamba. Since he was posted away from his village, he used to visit his home only on holidays or on Sundays about once in a month. It is also admitted case of the parties that accused and the victim are co -villagers and their houses are adjacent to each other.

(3.) ACCORDING to the prosecutrix, during the struggle, her bangles were broken and her hair band was also removed. Her children returned back from school in the evening. She told her son PW -3 Manoj Kumar and daughter Seema (not examined) about the incident and complained to them that she had been raped by respondent No. 1. Thereupon, her son got angry and went to the house of respondent No. 1 and asked him why he had committed such a heinous offence against his mother. Manoj Kumar returned back to his home and thereafter, at about 5:30 pm, all the accused persons, i.e. Rattan Chand @ Ratto, his father Jarmo, his mother Dumni Devi and his wife Dillo Devi came to the house of the prosecutrix and beat the prosecutrix and her son Manoj Kumar. On the next day i.e. 6.12.2001, the prosecutrix along with her son Manoj Kumar went to Chamba and told her husband about the entire incident. Thereafter, they went to the Police Station to lodge the complaint with the police and on the basis of the statement of the prosecutrix, FIR Ext. PA was lodged.