STATE OF HIMACHAL PRADESH Vs. SURJIT TOMAR

JUDGEMENT

(1.) Assailing the judgment dated 17.01.2008, passed by learned Additional Sessions Judge, Fast Track Court, Shimla, H.P., in Sessions Trial No.11-R/7 of 2008/07, titled as State of Himachal Pradesh Versus Sh.Surjit Tomar, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that on 25.02.2007, at about 11.00 AM, while prosecutrix was on way to the hospital, accused caught her. He took her below the road, made her lie on the ground and after opening string of her salwar raped her. Hearing cries of the prosecutrix, her mother-in-law, Smt. Kauri Devi (PW.5), reached on the spot. She witnessed the act of crime. When she pelted stones on the accused, he fled away. Prosecutrix reported the matter to the police. On the basis of which, FIR No.37/07 dated 25.02.2007 (Ex.PW.1/A) was registered at Police Station, Rohru, under the provisions of Section 376 of the Indian Penal Code. Prosecutrix was got medically examined from Dr.Madhu (PW.3), who issued MLC (Ex.PW.3/A). Clothes of the prosecutrix were seized by the police. They along with other incriminating material were sent for chemical analysis and report (Ex.PW.3/C) in that regard was obtained by the police. Investigation, which was carried out by Inspector Raj Kumar (PW.7), revealed complicity of the accused in the alleged crime. Hence Challan was presented in the Court for trial.

(3.) The accused was charged for having committed an offence punishable under the provisions of Section 376 of the Indian Penal Code, to which he did not plead guilty and claimed trial.