STATE OF HIMACHAL PRADESH Vs. TULSHI RAM

JUDGEMENT

(1.) ASSAILING the judgment dated 11.07.2007, passed by learned Additional Sessions Judge, Mandi, Camp at Karsog, H.P. in Sessions Trial No. 14 of 2004, titled as State of H.P. Versus Tulshi Ram, 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 18.10.2003, prosecutrix was returning home at Belu Dhank from the fields. At about 3.00 PM, when she reached at Baga Nullah, accused caught her and laid her on the ground. Thereafter he untied her salwar, removed her underwear and after removing his clothes subjected her to forcible sexual intercourse. Prosecutrix after returning home, narrated the incident to her mother Sharda Devi (PW2). She in turn, informed her husband Goverdhan Dass (not examined), apprised Ward Member Tara Dutt (PW11) about the incident. On 20.10.2003, Goverdhan reported the matter to the police, on the basis of which FIR No. 140/03 dated 20.10.2003 (Ex.PW1/A) was registered at Police Station, Karsog, under the provisions of Sections 341 and 376 IPC. Prosecutrix was got medically examined by Dr. Satish (PW5) at Civil Hospital, Karsog, who issued MLC (Ex.PW5/A). Further medical examination of the prosecutrix was conducted by Dr. Meena Sharma (PW4) and Dr. Renu Behl (PW10) at the Zonal Hospital, Mandi. MLC (Ex.PW4/A) is on record to this effect. Salwar (Ex.P1) and underwear (Ex.P2) of the prosecutrix, recovered by the police, along with vaginal smear were sent for chemical analysis. On 17.11.2003, Sub Divisional Judicial Magistrate, Karsog, recorded statement (Ex. PA) of the prosecutrix. Investigation was completed by S.I. Mangat Ram (PW12), who took into possession string of the salwar (Ex.P4), allegedly broken by the accused at the time of committing crime; birth certificate (Ex.PW3/A) indicating the age of the prosecutrix to be minor and report of the chemical examiner (Ex.PX). With the completion of investigation, Challan was presented in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as twelve witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded innocence and false implication. No evidence in defence was led.