STATE OF HIMACHAL PRADESH Vs. VINOD 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 12.6.2007, passed in Sessions Trial No. 4FTN/7 of 06/05, by learned Additional Sessions Judge, Fast Track Court, Solan, H.P., acquitting the accused/respondent for the offence under Sections 376, 323 and 506 of the Indian Penal Code in reference to FIR No. 30 of 2005 dated 17.2.2005.

(2.) THE prosecution case, in brief, is that when victim (name not given), on 15.2.2005, at about 9.00 P.M., was going for easing out, the accused had come from back and gagged her mouth with hand and dragged her to his brother-in-law's house, where she was put on a cot and string of her salwar was untied and sexual assault was committed upon her. After she was laid on the cot, accused tied her hands with handkerchief with one hand, while other hand remained on the mouth of victim. After rape her hands were freed and when she told that she will disclose everything to her parents, upon this accused gave beatings to her by bamboo stick on her back and also threatened her to kill in case she disclosed the incident to anyone. On 17.2.2005 when victim felt pain on her back, she apprised her mother, who had observed signs of danda blows on the back of the victim and thereafter everything was disclosed to her. Accordingly, FIR was lodged on 17.2.2005 at about 5.45 P.M. After investigation, the accused was charged for the above offences.

(3.) PW-1, victim, while deposing in support of the prosecution, has stated that Nalagarh Police Station is about 1- 1/2 Kilometers from her house. In cross-examination, she stated that her family was not in visiting terms with the family of the accused.