STATE OF HIMACHAL PRADESH Vs. DEV RAJ @ HAPPY

JUDGEMENT

(1.) The respondent hereinafter referred as "the accused" was charge-sheeted, tried and acquitted for the offences punishable under Sections 341, 376 and 506 of the Indian Penal Code, thus, feeling aggrieved by the impugned judgment, the instant appeal has been filed by the State.

(2.) We have heard Shri D.C. Pathik, learned Additional Advocate General for the State and none appeared for the respondent. We have also carefully gone through the record.

(3.) In nut-shell, the prosecution story can be stated thus. Prosecutrix (12) is the youngest daughter out of four siblings of PW2 Smt. Kaushalya Devi and PW4 Tatu Ram. She was a student of 7th standard at the time of alleged occurrence. It is alleged that on 5.3.2005, the prosecutrix carried cow-dung in a basket to her field known "Khabher". After doing the needful, while returning, she met accused. The accused forcibly took her to a field nearby and is alleged to have committed rape on her, which was witnessed by Brahmi Devi, Hansari Devi and Sushma Devi. On reaching home, she complained to her mother PW2 Kaushalya Devi, who informed her husband. Thereafter, they went to PW5 Desh Raj, Panchayat Chowkidar and from there to Police Station to lodge FIR Ext.PW1/A. The prosecutrix was medically examined by PW9 Dr. J. Goswami. No injuries or mark of violence were detected on her person. The wearing apparels of the prosecutrix were sealed and sent for the forensic examination alongwith vaginal swabs, but nothing detected.