STATE OF H.P. Vs. THAKUR DASS

JUDGEMENT

(1.) THE instant appeal is preferred by the State against the judgment, rendered on 31.12.2007, by the learned Sessions Judge, Mandi, H.P., in Sessions Trial No. 31 of 2005, whereby, the accused -respondent has been acquitted for the commission of offences under Sections 452, 376 and 506 of the Indian Penal Code.

(2.) BRIEF facts of the case are that on 9.10.2004, at about 3.00 p.m., the prosecutrix was cleaning her house and in the meantime accused Thakur Dass came there and started threatening the prosecutrix by uttering word "Randi Ab Kahan Jayegi". The prosecutrix, owing to fear, went towards roof of her house and accused also came there and dragged and brought her down in the room and bolted the door from inside. The accused forcibly opened the string of her Salwar and when she tried to raise cries, the accused gagged her mouth. Thereafter, the accused subjected her to rape. The accused also threatened the prosecutrix not to disclose the incident to any person as he would kill her. At night, the accused sent his son to the house of the prosecutrix, who also threatened the prosecutrix not to disclose the incident to any person or defame his father, otherwise she would be finished. The son of the prosecutrix is working as Coolie and was away from her home at that time and her daughter had gone to graze the cattle. On the third day of the incident, the prosecutrix went to District Courts Mandi and got written complaint Ext. PA which she filed before the S.P., Mandi. Thereafter, the S.P., Mandi ordered the registration of the case against the accused on the basis of which F.I.R. Ext. PN was registered.

(3.) THE respondent -accused was charged for having committed offences punishable under Sections 452, 376 and 506 of the Indian Penal Code, by the learned trial Court, to which he pleaded not guilty and claimed trial.