STATE OF H P Vs. SURJIT KUMAR @ RODA

JUDGEMENT

(1.) This Appeal by the State is directed against the judgment dated 19.4.2004 whereby the learned trial Court acquitted the accused of having committed an offence punishable under Section 376 Cr.P.C.

(2.) The prosecutrix, at the relevant time, was aged about 17 years. The case of the prosecution is that on 18.2.1999 the prosecutrix alongwith her family members had gone to attend a janeu ceremony in the house of her uncle Vijay Kumar. On 19.2.1999, the prosecutrix went to answer the call of nature near the fields at about 8.00 a.m. She did not return for quite some time and therefore her mother Tripta Devi and neighbour Kanta Devi went towards the fields in search of her. They heard the sound of Minakshi Devi weeping in the bushes. They ran towards her and saw that she was lying on the ground and the accused was seen running from the spot. On inquiry, the prosecutrix informed her mother and the neighbour that she was raped by the accused. She was brought home by her mother and Kanta Devi. She was bleeding profusely. Thereafter, the father of the prosecutrix was also informed about the entire incident. He took the prosecutrix to the hospital for treatment. With a view to save the family honour it was decided not to report the matter to the police or to the medical officer but later on 22 nd February, 1999 i.e. more than three days after the incident a report was lodged with the police. Thereafter, investigation was carried out and the accused charged with having committed an offence as aforesaid. After trial, the accused was acquitted. Hence, this appeal by the State.

(3.) The learned trial Court acquitted the accused mainly on the ground that the statement of the prosecutrix does not inspire confidence and that her statement is full of contradictions and that the report of the Medical Officer does not corroborate the statement of the prosecutrix.