STATE OF HIMACHAL PRADESH Vs. SALEEM @ JALLA

JUDGEMENT

(1.) Respondent is deaf and dumb by birth. He was charge sheeted, tried and acquitted for the offence of attempted rape. The State felt aggrieved by the impugned judgment of acquittal, as such, filed the present appeal.

(2.) Heard and gone through the record.

(3.) The prosecutrix is a minor aged about 10 years. On 21.07.2004, while returning home from the school, she was confronted by the accused on her way and attempted rape at a lonely place in the area of Village Dandi. On reaching home, the prosecutrix narrated this incident to her mother, who in turn informed her husband, PW4, Saleem Mohammad and he lodged the report, Ex. PC, in police station. Thereafter, the police swung into motion. The prosecutrix was got medically examined by PW 1, Dr. Indu Dhiman. She issued the medical certificate, Ex. PB. The trouser of the prosecutrix was also taken into possession and was sent for chemical examination. The accused was arrested and he was also got medically examined by PW14, Dr. Om Parkash Soni, who issued the medicolegal certificate, Ex. PW14/A. The accused was found fit to perform sexual intercourse.