STATE OF HIMACHAL PRADESH Vs. BABU RAM SON OF SH. SANT RAM R/O VILLAGE KANYOLA UPPERLA, SUB TEHSIL RAMSHEHAR, TEHSIL NALAGAR, DISTT. SOLAN, H.P.

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 6.4.2001 accused was put to trial. In terms of judgment dated 15.10.2004, passed by the ld. Addl. Sessions Judge, Solan, Camp at Nalagarh, H.P. in Sessions Trial No. 3 -NL/7 of 2002, titled as State of H.P. versus Babu Ram, accused stands acquitted of the charged offences. It is the case of prosecution that on 6.4.2001 at about 2.00 p.m., prosecutrix (PW -1) was alone in her house in village Upperla Kanyola, Sub Tehsil Ramshehar, Distt. Solan, H.P. Her 'bhabhi' (sister -in -law) Smt. Meera (PW -2) had gone along with other ladies of the village to mourn the death of a lady. While prosecutrix was alone, accused entered the house, dragged her from the hair and after making her lie on the floor opened her clothes and then sexually assaulted her. He committed an offence of rape. In the meanwhile PW -2 came and saw the incident. Thereafter accused left the spot. In the evening, matter was reported to the male member of the house when Sh. Ram Asra (PW -6) husband of PW -2 returned. The matter was also brought to the notice of neighbours and the following morning report was lodged with the police by the prosecutrix and F.I.R. No. 25 of 2001 (Ext. PW 1/C) dated 7.4.2001, under Sections 452, 376 and 506 IPC was registered at Police Station Ram Shehar, Distt. Solan, H.P. Sh. Rajinder Kumar (PW -11) Incharge of Police Station Ram Shehar sent the prosecutrix for medical examination to the Community Health Centre, Nalagarh where she was medically examined by Dr. Neenu Narula (PW -10) who issued M.L.C. (Ext. PW 10/A). Police recorded statements of the relevant witnesses and after visiting the spot collected incriminating material in the presence of the witnesses. To establish the age of the prosecutrix, certificate of birth (Ext PW5/A) issued by Sh. Ramji Dass (PW -5) was obtained by the police. Prosecutrix was also got medically examined to determine her radiological age. Incriminating material collected from the spot was sent for chemical analysis to the Forensic Science Laboratory and report (Ext. PW 11/G) was obtained by the police. With the completion of investigation challan was presented in the Court for trial.

(2.) THE accused was charged for having committed offences punishable under Sections 452, 376, 506 -A and 506 -B IPC to which he did not plead guilty and claimed trial.

(3.) APPRECIATING the material on record, Court below acquitted the accused of all the charged offences, hence the present appeal.