STATE OF HIMACHAL PRADESH Vs. SANJIV KUMAR

JUDGEMENT

(1.) State has appealed against the judgment dated 19.3.2008 of the learned Sessions Judge, Bilaspur, Himachal Pradesh, passed in Sessions Trial No.18 of 2005, titled as State of Himachal Pradesh v. Sanjiv Kumar, challenging the acquittal of respondent Sanjiv Kumar (hereinafter referred to as the accused), who stands charged for having committed offence punishable under the provisions of Sections 363, 376(2) and 506 of the Indian Penal Code.

(2.) It is the case of prosecution that on 15.5.2003, prosecutrix (PW-2), a student of 10th Class, was on her way to school. At about 7.30 a.m., when she reached near Petrol Pump, Ghagas, three persons forcibly made her sit in the three-wheeler, which was taken to a secluded place. Her mouth was gagged with a Dupatta. Present accused Sanjiv Kumar forcibly subjected her to rape. Remaining two persons stood outside to keep vigil. Prosecutrix was threatened not to report the incident, lest she face with dire consequences. After the crime, prosecutrix was left at Kuddi village, on the National Highway, from where she returned home and narrated the incident to her mother Kamla Devi (PW-1), who in turn informed her husband Shyam Lal (PW-5) about the same. On receipt of information (Ex.PW-16/A), SI Nazir Khan (PW-18) and SI Shamsher Singh visited the spot. Statement (Ex. PW-2/A) of prosecutrix was recorded, on the basis of which FIR No.134/03, dated 15.5.2003 (Ex. PW-17/A), under the provisions of Sections 376(2), 363, 366 and 506 of the Indian Penal Code, was registered at Police Station, Sadar, District Bilaspur, Himachal Pradesh. Prosecutrix was got medically examined from Dr. Savita Mehta (PW-13) and MLC (Ex. PW-13/A) and report of FSL (Ex. PW-13/B) obtained by the police.

(3.) For ascertaining the Radiological and the Dental age of prosecutrix, police got her medically examined from Dr. D. Bhangal (PW-11) and Dr. T. Tandon (PW-14), who issued reports (Ex. PW11/A and Ex.PW-14/C). Also, birth certificate (Ex. PW-7/A) and certificate (Ex. PW-9/A) from school, recording date of birth of the prosecutrix, were taken on record by the police. Investigation revealed complicity of the accused in the alleged crime. Hence, challan was presented in the Court for trial.