STATE OF HIMACHAL PRADESH Vs. DESH RAJ SON OF SHRI KIRPA RAM RESIDENT OF VILLAGE BARI, TEHSIL SARKAGHAT, DISTRICT MANDI, AT PRESENT BHAGAT VILLA, CHAKKAR, SHIMLA, DISTRICT SHIMLA, HIMACHAL PRADESH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 26th December, 2001, accused was put to trial. In terms of judgment dated 16th August, 2005, passed by learned Sessions Judge, Shimla, in Sessions Trial No. 31 -S/7 of 2004, titled as State versus Desh Raj, accused stand acquitted of the charged offence. It is the case of the prosecution that prosecutrix (PW -3), a resident of Theog, had come to stay with her aunt Smt. Sheetal (PW -12) at Totu (Shimla). Smt. Sheetal got the prosecutrix employed in the office of the accused as a helper. The accused is an Architect. On 26th December, 2001, accused asked the prosecutrix to accompany him to his house. Initially, prosecutrix resisted but she was persuaded by the accused to come. There she was forcibly subjected to sexual intercourse. Accused threatened the prosecutrix not to disclose the incident to any person, lest she be ashamed publicly. She spent the night in the house of the accused and attended to her work in the office next day. Prior to that, on the asking of the accused, prosecutrix washed her blood stained clothes which she was wearing at the time of commission of the alleged crime. Thereafter, on the asking of the accused, prosecutrix continued to visit the house of the accused where she was continuously subjected to sexual intercourse, against her wishes, on several occasions. On 1st February, 2002, the accused put "Sindoor" (vermilion) on the head of the prosecutrix and declared her as his wife. Thereafter, she started residing with him as his wife. She informed PW -12 about her visits to the house of the accused. On 6th February, 2002, father of the prosecutrix Shri Hari Ram (PW -2) alongwith his relative Shri Roshan Lal (PW -4) and Smt. Sheetal (PW -12) visited the office of the accused and enquired the capacity in which prosecutrix was residing with him. Accused informed them that prosecutrix was his wife and he would get the marriage solemnized according to the customary rites later on . On 13th February, 2002, prosecutrix discovered that the accused was already married, when his wife alongwith two children came to the residence of the accused. On 21st February, 2002, Shri Hari Ram (PW -2) again visited the office of the accused alongwith PW -4 and confronted the accused with the said fact, but however, accused denied the same and assured them that he would solemnize his marriage with the prosecutrix on 25th February, 2002. Father of the prosecutrix waited till then and only when he did not solemnize the marriage, complaint (Ex. PC) dated 25th February, 2002 was lodged by the prosecutrix with the Women Cell, Shimla, on the basis of which FIR No. 39, of the same date (Ex. PD) was registered at Police Station Boileauganj. On the very same day prosecutrix was got medically examined by Dr. Madhuri (PW -9), who issued MLC (Ex.P -1). Police also got the accused medically examined.

(2.) INVESTIGATION revealed that the prosecutrix belonged to Scheduled Caste category and certificate (Ex. PF) to that effect was obtained by the police. Birth certificate (Ex. PG), issued by Shri Dalip Kumar, Secretary of the Gram Panchayat (PW -7) was also obtained by the police.

(3.) ACCUSED was charged for having committed an offence punishable under Section 376 of the Indian Penal Code 1860, read with Section 3 (xii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act), 1989, to which the accused did not plead guilty and claimed trial.