STATE OF HIMACHAL PRADESH Vs. LEKH RAJ

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.11.2003, passed by the learned Special Court (Sessions Judge), Kangra at Dharamshala (H.P.) in Sessions Case No. 7- G/VII/2002, whereby the respondent, who was charged with and tried for offence punishable under Sections 354, 452 and 376 of the Indian Penal Code and under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Preventions of Atrocities) Act, has been acquitted.

(2.) ACCORDING to the case of the prosecution, PW-8, Balbir Singh was working as a Mason and had also worked for Whether the reporters of the local papers may be allowed to see the judgment? the accused. On 21.10.2001, at 9:00 a.m., accused visited the house of Balbir Singh, where his daughter Ms. Sunita (PW-4) was present. He offered due wages of Rs.2,000/- of Balbir to his daughter Sunita. She declined to accept the same without permission of her father. Thereafter, accused molested Sunita by holding her from breast. At that time, Smt. Promila Devi, mother of Sunita was inside the room. Promila Devi was a patient of schizophrenia and, as such, was in the habit of pelting stones on others. She was tied through an iron chain with the bed in order to prevent her from doing so. Sunita escaped from the clutches of the accused and ran to the adjoining house of her aunt. Sunita informed about the incident to her. Alongwith Suman, Sunita came to her house, where they found accused raping Promila Devi. In the meantime, PW-6, Smt. Shashi Kanta and PW-7 Raghubir Singh alongwith other also reached there. Accused then attempted to escape, in which process, Sunita hit him with a danda. Accused then hurled filthy abuses and threatened to burn houses of all Jullahs including Balbir Singh in case report was made to the police. PW-8, Balbir Singh returned home at 8:00 or 9:00 p.m. He was apprised of the incident. On the next day, Balbir approached Vice President Jaishi Ram and thereafter accompanied by Jaishi Ram on 23.10.2001, Sunita went to the Police Station, Dehra, where on the statement of Sunita, FIR, Ex. PW-4/A was registered.

(3.) THE prosecution has examined a number of witnesses. The statement of the accused was also recorded under Section 313 of the Code of Criminal Procedure. He has denied either molesting Sunita or raping her mother Promila Devi. He claimed himself to be innocent and claimed trial. Learned trial Court acquitted the accused on 18.11.2003. Hence, this appeal by the State.