STATE OF HIMACHAL PRADESH Vs. HARDEV SINGH

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 24.1.2008 rendered by the Sessions Judge, Solan in Sessions Trial No.1-S/7 of 2007, whereby the accusedrespondent (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under sections 342, 376 and 506 of the Indian Penal Code, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that PW-1 prosecutrix was resident of Kabakalan. She has one son and one daughter. Daughter was married. Age of son was 18 years, who was unmarried. On 3.1.2007 at about 3.00 P.M. when she was alone in the house, accused forcibly entered her house and bolted the door from inside. He forcibly committed sexual intercourse with her. He was drunk. Since her left arm was not working for the last 3-4 months, therefore, she could not put much resistance to avoid the rape. Accused raped her against her wishes.

(3.) Accused confined her in the room for about two hours. He threatened her while leaving. She could not report the matter immediately. The matter was reported to the police on 4.1.2007, on the basis of which FIR was registered. Prosecutrix was examined by PW-2 Dr. Jyoti Kapil, Medical Officer. Accused was examined by PW-3 Dr. Vinod Kapil, Medical Officer. PW-4 Baldev Singh was independent witness. The matter was investigated by PW-5 K.D. Khan. The MLC of the prosecutrix is Ex.PW- 2/B and that of accused is Ex.PW-4/B. Spot map is Ex.PW-5/A. The report of Chemical Examiner is Ex.PW- 5/C. Copy of compromise dated 2.4.1997 is Ex.DA. Police investigated the case and after completion of investigation, the challan was put up in the court.