STATE OF HIMACHAL PRADESH Vs. JOGINDER KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 4th August, 2004, accused were put to trial. In terms of judgment dated 1st June, 2007, passed by Sessions Judge, Kinnaur Sessions Division at Rampur, in Sessions Trial No.18 of 2005 titled as State versus Joginder Kumar and another, accused stand acquitted of the charged offences.

(2.) IT is the case of prosecution that prosecutrix (PW-1), daughter of Shri Ram Sain (PW-2) and Smt. Vijay Laxmi (PW-3), was residing in village Lippa, Tehsil Moorang, District Kinnaur, with her parents. Her cousin accused Ishwar Singh also resided in a house which was adjacent to the house of the prosecutrix. Prosecutrix was friendly with her another cousin Ms Dharam Giani (PW-6), who also was residing with her parents in a house which was adjacent to On 4th August, 2004 there the house of the prosecutrix. was a public function in the temple in village Lippa. Prosecutrix left her house in the company of PW-6 to attend the same. On their way back home, at about 9.30 p.m., prosecutrix met accused No.1 Joginder Kumar and accused No.2 Ishwar Singh. PW-6 came to her house and prosecutrix went in the company of both the accused persons. Same time, Smt. Vijay Laxmi (PW-3) went to the house of PW-6 to enquire about the whereabouts of the prosecutrix, and was informed that she had left in the company of the accused. Thereafter, PW-3 went to the house of accused Ishwar Singh to search for her daughter, but prosecutrix was not to be found there. Accused Ishwar Singh informed PW-3 that prosecutrix had left for her own house. However, PW-3 could not find her there. Thereafter, she frantically searched for her daughter in the village but in vain. Next day, i.e. 5th August, 2004, at about 6 p.m., prosecutrix was brought back from the jungle by her uncle Shri Dharam Pal (PW-5). Thereafter prosecutrix disclosed to her parents that she had been subjected to rape by accused Joginder Kumar in the nearby orchard. Her parents took the prosecutrix to the Police Station at Reckong Peo, where report (Ex. PW-1/A) was lodged. Police official Shri Dharam Sain (PW-15) made entry in the Rojnamcha, on the basis of which FIR No.37 dated 6th August, 2004 (Ex. PW-9/A), under Section 376, 506 & 120- B of the Indian Penal Code, was recorded by HC Mohan Joshi (PW-9) at Police Station, Pooh. Investigation was conducted by Shri Surat Ram (PW-17). Constable Sarswati (PW-7) was entrusted with the task of taking the prosecutrix to the hospital at Reckong Peo, where she was medically examined by Dr. Anita Negi (PW-11), who finally issued MLC (Ex.PW-11/B), after examining report (Ex. PX) submitted by the Forensic Science Laboratory, Junga. Personal belongings, i.e. Sweater, Doru, cap and shoes, of the prosecutrix were recovered alongside the Khad, which were handed over to the police by her father. During investigation, accused Joginder Kumar was arrested, who made disclosure statement (Ex. PW-4/A) and led the police to the spot of crime, where demarcation report (Ex. PW- 4/B) was prepared. Such proceedings of disclosure statement and identification of site were conducted in the presence of independent witnesses, i.e. Shri Subhash Chander (PW-16) and Shri Shyam Lal (PW-4). Accused Joginder Kumar was also got medically examined from Dr. Ghuman Singh (PW-12), who issued MLC (Ex. PW12/A and Ex.PW12/B). To determine the age of the prosecutrix, police collected Birth Certificate (Ex. PW-10/B), based on the Pariwar Register (Ex. PW-10/A), issued by Shri Satish Kumar (PW-10), Secretary of Gram Panchayat Lippa, Tehsil Moorang, District Kinnaur. Investigation revealed complicity of both the accused to the alleged crime. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined as many as 17 witnesses and statements of the accused, under Section 313 of the Code of Criminal Procedure were also recorded, in which they took up plea of false implication. In defence accused also examined one witness.