STATE OF HIMACHAL PRADESH Vs. PHUNGRA DHARAM CHAND

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 20th January, 2002, accused were put to trial. In terms of judgment dated 29th April, 2005, passed by the Sessions Judge, Chamba Division, Chamba, H.P. in Sessions Trial No.32-D/2003, titled as State v. Phungra and others, accused stand acquitted of the charged offence.

(2.) IT is the case of prosecution that prosecutrix (PW- 4) was residing at Village Andhrad, Tehsil Dharamshala, District Kangra, Himachal Pradesh. She had two school going children aged 16 years and 13 years. Her husband worked as a Shepherd. On 20th January, 2002, while her children had gone for tuition at the house of sister of the prosecutrix, which was at a distance of half a Kilometer away from the village, accused Koka Ram and Phungra Ram @ Dharam Chand came to her house at about 8:00 p.m. They knocked at her door, which she opened. At that time, two of the accused persons forcibly entered the room. Accused Phungra Ram switched off the light of the room and accused Koka Ram, after gagging mouth of the prosecutrix, threw her on the bed. Thereafter, accused Phungra Ram untied string of her Salwar. When prosecutrix cried for help, they threatened to kill her. Thereafter, accused Phungra Ram forcibly committed sexual intercourse without her consent. All this while accused Galora Ram kept on standing outside the door. After the crime was over, all the accused persons ran away from the spot. Thereafter, when prosecutrix cried for help, "passers by" namely Shri Pratap (PW-5) and Shri Saraf (not examined) came to inquire as to what had happened. At that time, prosecutrix told them that accused had given beatings to her. They arranged for a vehicle for the prosecutrix to be taken to the Civil Hospital at Dharamshala, where she narrated the occurrence of actual incident to the Doctor who advised her to report the matter to the authorities. Prosecutrix accordingly went to the Police Station at Dharamshala and got F.I.R. No.15/2002 dated 21.1.2002 (Ex.PW10/A) registered. Investigation of the case was entrusted to S.I. Guljari Lal (PW-10) who got the prosecutrix examined through Dr. Rajinder Kumar (PW-3) who issued M.L. C. (Ex.PW3/A) based on report of the Chemical Examiner (Ex.PA). Police collected incriminating material from the spot including clothes of the prosecutrix. With the completion of investigation, Challan was presented in the Court for trial.

(3.) IN defence, accused examined five witnesses to prove the following defence taken by them:-