STATE OF HIMACHAL PRADESH Vs. KRISHAN LAL

JUDGEMENT

(1.) THIS appeal is instituted against judgment rendered by learned Sessions Judge, Bilaspur, Himachal Pradesh in Sessions Trial No. 5 of 2004 dated 17.1.2008, whereby respondent -accused (herein after referred to as 'accused' for brevity sake), who was charged and tried for offence under section 376 of the Indian Penal Code, has been acquitted.

(2.) CASE of the Prosecution in a nutshell is that on 20.4.2003 at about 4.30 pm, husband of the prosecutrix had gone to attend a marriage. She was alone with her children. At 10.00 pm, one Shri Rajinder Kumar, resident of Tikkari and accused, who is a Peon in the Veterinary Hospital in Panjgain, came to her house and they told her that they required Pattals. She told them that she had only 200 Pattals available with her and in case they required more Pattals, same could be taken from her Jethani Sukh Dei. They asked her to show the house of her Jethani Sukh Dei. She agreed. They went towards the house of Sukh Dei. Rajinder Kumar left by saying that he had to go to his house. Thereafter, prosecutrix and accused started moving towards the house of Sukh Dei. They had hardly covered some distance when accused caught her hand. She ran towards jungle. Accused followed her and caught her. Her shirt was torn. He threw her on the ground. She kept crying. Accused opened her Salwar and had intercourse with her against her consent/will and thereafter, accused ran away. She went to the house of Kamla Devi and told her about the incident. She also rang up her father, Sukh Ram and told about the incident. Shri Ranjit Singh, Pradhan of the Gram Panchayat was also told about the same. Thereafter, she went to her house and her father also came there. She had suffered bruises on her back and leg. She was also medically examined. Slide was also prepared at that time. Statements of witnesses were recorded. Accused was also subjected to medical examination. Police completed the investigation and thereafter put up challan after completing all the codal formalities. Accused was tried and acquitted by the trial Court i.e. Sessions Judge, Bilaspur, hence, this appeal.

(3.) MR . J.R. Poswal, Advocate has supported judgment dated 17.1.2008.