STATE OF H.P. Vs. DIWAN THAPA @ RAMJI

JUDGEMENT

(1.) STATE felt aggrieved by the judgment of acquittal passed by the learned trial Court in Sessions Case No. 2-K/vii of 2007 decided on 13.9.2006 whereby he was acquitted for the offence under Sections 363, 366 and 376 Indian Penal Code.

(2.) IN short, prosecution story can be stated thus. In the year 2006, prosecutrix (16) was a school going girl studying in 6th standard at Government Middle School Kawari. During the period she was 1 Whether the reporters of Local Papers may be allowed to see the judgment ? staying with her uncle Partap Chand. Accused was also residing in rented premised in the same village and he had been oftenly visiting the father of the prosecutrix PW5 Udhami Ram @ Uttam Chand as both were working as laborer in the area. It is alleged that on 9.12.2005 accused visited the house of the prosecutrix, took her inside his own room and committed rape on her. She was threatened not to disclose the incident to any one, lest she would be killed. Accused also assured not to bother for anything as he would be marrying her. It is further alleged that on 22.1.2006, accused took the prosecutrix in his room again and committed rape. Further, on 25.1.2006 when she had gone to Nagrota Bagwan in connection with meeting her girl friend, accused happened to meet her in the bazaar and asked her to accompany him and threatened that if she would not do so, she would be killed. The prosecutrix followed him and he took her to village Dehan near Palampur to a room where his brother was staying with his family but the house was found locked. He broke open the lock, took the prosecutrix inside the room, made her naked and committed rape on her. Thereafter she was taken to Kullu.

(3.) FINDING a prima facie case under Sections 363, 366 and 376 Indian Penal Code, accused was accordingly chargesheeted to which he pleaded not guilty and claimed trial.