STATE OF HIMACHAL PRADESH Vs. NARESH KUMAR

JUDGEMENT

(1.) THE State has come in appeal against the judgment dated 25.08.2005, passed by the learned Special Judge, Sirmaur, District at Nahan, H.P. in Sessions Trial No. 25-ST/7 of 2004, whereby respondent No. 1, who was charged with and tried for offence under Sections 363, 366, 376, I.P.C. and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and respondent No. 2, who was charged with and tried for offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, have been acquitted.

(2.) CASE of the prosecution, in a nut-shell, is that PW-1, Reena Kumari, prosecutrix, is the daughter of PW-5,Dhani Ram. Respondent No. 1, Naresh Kumar was driver in Chauhan Bus service. Respondent No. 2, Rajesh Chauhan was the proprietor of the bus. The bus used to ply from Shivpur to Solan. Respondent No. 1, Naresh Kumar took the prosecutrix on 26.05.2003 in the bus with the promise to marry her. Prosecutrix boarded the bus to Solan. Respondent No. 1, Naresh Kumar brought her back to Deedag, however, the prosecutrix did not get down at Deedag. Naresh Kumar took the prosecutrix at Shivpur in a rented room. She was sexually assaulted twice by respondent No. 1, Naresh Kumar. According to the prosecutrix, the respondent No. 1, Naresh Kumar has promised to marry her at Solan, but he did not honour his promise. She was brought back to Shivpur. Prosecutrix consumed poison at Village Chorass. She fell unconscious. She was taken to Rajgarh hospital. PW-5, Dhani Ram, father of the prosecutrix was informed of the incident. The prosecutrix narrated the story to Dhani Ram. Thereafter, Dhani Ram (PW-5) contacted the owner of Chauhan Coach. Respondent No. 2, Rajesh Chauhan threatened him not to lodge any complaint. PW-5 met Rakesh Thakur, PW-4, Member of Nagar Panchayat, Rajgarh, who intervened in the matter. He invited the representatives of both the parties in the office of Chairman. Respondent No. 2, Rajesh Chauhan came to the office. PW-4 asked him why he has abused the prosecutrix. The accused has undertaken to pay a sum of Rs.25,000/- as IZZAT to the girl. However, no amount was paid to the prosecutrix. Thereafter, PW-5 lodged a complaint, Ex. PW-1/A in the Court of Sub Divisional Judicial Magistrate, Rajgarh on 24.07.2003, which led to registration of FIR, Ex. PW- 19/A. The matter was investigated. The medical certificates Ex. PW-8/C, Ex.-PW13/A, Ex. PW16/A and Ex.PW16/B were taken. A copy of the pariwar register, Ex. PW-5/C was also taken into possession. Respondent No. 1, Naresh Kumar was also medically examined vide memo Ex. PW-16/E. The prosecutrix was X-rayed and an ultrasound was also performed vide Ex. PW-16/D. The matter, after investigation, was put up before the competent Court of law, after completing all the codal formalities.

(3.) MR. Vivek Thakur, learned Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondents. He then contended that learned trial Court has not correctly appreciated the statements of PW-1, Reena Kumari, prosecutrix and PW-5, Dhani Ram, read with medical evidence.