STATE OF HIMACHAL PRADESH Vs. RAKESH KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 08.05.2012, passed by learned Additional Sessions Judge (II), Kangra at Dharamshala, District Kangra, H.P., in Sessions Trial No.2/2012, titled as State Versus Rakesh Kumar, 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 09.10.2006, prosecutrix was kidnapped from Village Bhadela and made to forcibly sit in a vehicle by the accused. Same night she was subjected to sexual intercourse in the open paddy fields, from where accused took her to Palampur in a train, where again she was subjected to sexual intercourse. On 12.10.2006, accused took her to Kala Amb, District Sirmaur (H.P.) where he forcibly solemnized his marriage with her and started staying with her as her husband. On the basis of complaint registered by father of the prosecutrix, police recovered her from Kala Amb and her custody handed over to them. Police got the prosecutrix medically examined from Dr. Aruna (PW.15), who issued MLC (Ex.PW.15/B). According to the doctor, prosecutrix, who was above 17 years of age, was exposed to sexual intercourse. Medical age of the prosecutrix was also got determined from the Radiologist Dr. Raman Sharma (PW.16), who issued his opinion (Ex.PW.16/A). Other evidence pertaining to the age of prosecutrix was also collected alongwith scientific evidence for corroboration of the crime committed by the accused. Investigation revealed complicity of the accused in the alleged crime, hence Challan was presented in the Court for trial.

(3.) ACCUSED was charged for having committed an offence punishable under the provisions of Sections 363, 366 and 376 of the Indian Penal Code, to which he did not plead guilty and claimed trial.