STATE OF H P Vs. ROHIT PARMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 18.7.2000, accused were put to trial. In terms of Whether the reporters of Local Papers may be allowed to see the judgment? judgment dated 19.10.2005, passed by Addl. Sessions Judge, Mandi in Sessions Trial No. 27 of 2001 titled as State of H.P. Vs. Rohit Parmar and others, accused stand acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 18.7.2000 prosecutrix (PW-7) wife of complainant Ram Chander (PW-6) had come to Sundernagar to meet her younger brother, who was staying at Bal Ashram, Sundernagar. PW-7 could not meet her brother as Incharge of the Ashram wanted them to come the following day. As such, they checked into a hotel by the name of Sukhdev Guest House at about 8. 8.30 p.m. The entry in guest register (Ext.PW-6/A) was made by Pw-6. At about 12.30 a.m. in the night, someone knocked the door of their room saying that he had brought water. on the asking of PW-7, PW-6 opened the door when four persons trespassed into their room. Without any reason they started giving beatings both to PW-6 and PW-7. They also robbed them of their money. Thereafter one amongst them, caught hold of PW-6 inside the room and the remaining three forcibly dragged PW-7 out of the guest house and took her away in a vehicle (Van) bearing No. HP-02-0405. Chowkidar of the guest house immediately informed the police and SI Jatinder Kumar (PW-13) made entry in the Rojnamcha with regard to the same. Investigating Officer Jatinder Kumar (PW-13) reached the spot and recorded statement (Ext.PW-6/B) of PW-6. He sent Rukka (Ext.PW-13/A), on the basis of which FIR No. 209/2000 (Ext.PW-9/A) dated 19.7.2000, under Sections 363, 366, 452 and 34, IPC was registered at Police Station, Sundernagar. Same night police found the Van parked at Sundernagar Bus Stand, in which accused Kamal Sharma was found sitting in a drunken condition. He was taken into custody. Police continued search for the remaining accused persons as also the prosecutrix. Investigation revealed that accused Rohit Parmar and Bharat Bhushan had handed over custody of the prosecutrix (PW-7) to Vijay Kumar, who took her away into the jungle (forest). Police apprehended accused Rohit Parmar and Bharat Bhushan who were found travelling on a scooter. In the Jungle, Vijay Kumar threatened the prosecutrix to have sex with him or else he would kill her husband. In spite of her refusal Vijay Kumar (who was declared as a Proclaimed Offender) forcibly committed sexual intercourse. In the early hours of the following morning i.e. 19.7.2000, prosecutrix was recovered by the police from Jawahar Park. She was in a frightened state, her clothes were torn and smeared with mud. Police got her medical examination done from Dr. Rafia Banu (PW-7) who issued MLC (Ext.PW-8/C). Clothes of the prosecutrix alongwith the sample of the vaginal swab handed over by the Doctor were taken by the police and sent for chemical analysis.

(3.) WITH the completion of investigation, challan was presented in the Court for trial.