STATE OF HIMACHAL PRADESH Vs. HARI DASS

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 12th November, 2003, accused was put to trial. In terms of judgment dated 29th April, 2006, passed by learned Sessions Judge, Shimla, in Sessions Trial No.32- S/7 of 2004, titled as State versus Hari Dass, accused stands acquitted of the charged offence.

(2.) IT is the case of prosecution that on 12th November, 2003, accused Shri Hari Dass, aged 32 years, went to the house of Shri Kamna Ram (PW-3) in village Shai, Tehsil Theog. There he enquired from the prosecutrix (PW-2) about her husband. She told him that her husband had gone out for work. This happened at about 3 p.m. Finding the prosecutrix alone at home, accused overpowered her and after laying her on the cot inside the room forcibly committed sexual intercourse with her. Thereafter, accused left the place of occurrence of the crime. In the evening when PW-3 returned home at about 6 p.m., prosecutrix narrated the incident to him. Since it was dark and the nearest Police Post, Deha was at a distance of about 30 kms for which place no conveyance was available, matter could not be reported to the police. However, following morning prosecutrix and her husband travelled to Deha and lodged the report from where the couple was taken to Police Station Theog, which is also a Tehsil Headquarter, where FIR No.160/2003, dated 13th November, 2003 (Ex.PW-6/A) was registered.

(3.) IN order to prove its case, prosecution examined as many as ten witnesses and statement of accused under Section 313 of the Code of Criminal Procedure was also recorded.