STATE OF HIMACHAL PRADESH Vs. DEV RATTAN

JUDGEMENT

(1.) Present appeal filed against the judgment of acquittal passed by learned Sessions Judge Solan in Sessions Trial No. 12-S/7 of 2006 titled State of H.P. Vs. Dev Rattan decided on 4.9.2007.

(2.) Brief facts of the case as alleged by the prosecution are that on dated 15.10.2005 at 11.45 PM at place Darot accused attempted to commit rape upon minor prosecutrix against her will. It is alleged by prosecution that on dated 15.10.2005 village fair in the ground of Government Middle School Darot was held and cultural programme was also held during night time. It is further alleged by prosecution that minor prosecutrix also came to see cultural programme on night of dated 15.10.2005. It is further alleged by prosecution that at about 11.45 PM minor prosecutrix along with her friends PW2 Puja and one Charu went to answer the call of nature in the nearby bushes and while returning after meeting call of nature PW2 Puja and Charu were few steps ahead from minor prosecutrix. It is also alleged by prosecution that in the meantime accused caught hold the arm of minor prosecution suddenly and gagged her mouth and took her forcibly in nearby bushes and attempted to commit rape upon her by opening her salwar who out of fear became unconscious. It is further alleged by prosecution that PW4 Hamender and father of minor prosecutrix PW5 Jai Kishan went in search of minor prosecutrix when they came to know about her missing. It is also alleged by prosecution that when accused noticed aforesaid witnesses coming in search of prosecutrix then he tried to flee away from the spot but PW4 Hamender over powered the accused. It is further alleged by prosecution that accused had also consumed alcohol. It is further alleged by prosecution that PW4 Hamender searched the prosecutrix and found her lying nearby the bushes. It is also alleged by prosecution that thereafter Hamender brought the prosecutrix from the bushes to nearby path. It is further alleged by prosecution that PW6 Sandhya who was on way to her house from fair at the request of PW4 Hamender tied the salwar of prosecutrix. It is further alleged by prosecution that thereafter severe beatings were given to accused by public present in the fair. It is further alleged by prosecution that thereafter minor prosecutrix and accused were brought by PW4 Hamender and PW5 Jai Kishan to the house of PW4 Hamender in his jeep. It is further alleged by prosecution that thereafter PW3 Shiv Singh informed the police telephonically at P.S. Solan and thereupon rapat Ext.PW13/B was lodged. It is alleged that after recording rapat Ext.PW13/B PW14 Anil Dhaulta along with other police officials rushed to the place of incident. It is further alleged by prosecution that thereafter minor prosecutrix was brought to hospital and PW14 SI Anil Dhaulta recorded statement of minor prosecutrix under Section 161 Cr.P.C. and sent the same along with Ruka Ext.PW1/A for registration of case. It is further alleged by prosecution that thereafter FIR Ext.PW14/B was lodged against the accused at police station. It is further alleged by prosecution that I.O. Mr. Anil Dhaulta during investigation took photographs at the spot which are Ext.PW14/1 to Ext.PW14/3. It is further alleged by prosecution that thereafter PW8 Dr. Mukta on application of Investigating Officer medically examined the minor prosecutrix and issued MLC Ext.PW8/B and also sealed the clothes of prosecutrix i.e. sweater, shirt and salwar along with pubic hair. It is further alleged by prosecution that accused was also medically examined and MLC Ext.PW9/B was obtained. It was found that accused was capable of performing sexual intercourse. It is further alleged by prosecution that injuries sustained by accused were simple in nature. It is further alleged by prosecution that I.O. PW7 Anil Dhaulta during investigating recovered scarf Ext.P2 and 100 rupee note Ext.P4 from the spot.

(3.) The prosecution examined as many as fourteen witnesses in support of its case:-