STATE OF HIMACHAL PRADESH Vs. BALWINDER SINGH @ DHONI

JUDGEMENT

(1.) Assailing the judgment dated 31.3.2011, passed by learned Addl. Sessions Judge, Fast Track Court, Una, District Una, H.P., in Sessions Case No. 20/10 (Sessions Trial No. 20/10), titled as State of H.P. vs. Balwinder Singh @ Dhoni, whereby respondent-accused stands acquitted, 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 the asking of the accused, on 27.7.2010, prosecutrix (PW-1) met him in the fields in village Bat Kalan from where he took her to Ludhiana where they stayed in the house of Dharam Pal. Under fear and threat from the accused, prosecutrix remained with him till such time she was recovered by the police. During this time, prosecutrix was subjected to sexual intercourse without her consent. On 28.7.2010, ASI-Prem Lal (PW-15) received a complaint at Police Station Haroli. During the course of investigation, pursuant to registration of F.I.R. No. 221/2010, dated 28.7.2010 (Ext. PW-11/B), registered at Police Station Haroli, Distt. Una, under the provisions of Sections 363 and 366 of the Indian Penal Code, against the accused, prosecutrix was recovered and her custody handed over to her brother Satpal (PW-2). Prosecutrix was got medically examined from Dr. Indu Bhardwaj (PW-14) at the Community Health Centre, Haroli, who issued MLC (Ext. PW-14/A). Vaginal swab and clothes of the prosecutrix were sent for chemical analysis and reports (Ext. PW-7/C and 7/D) obtained by the police. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed offences punishable under the provisions of Sections 363, 366 and 376 of the Indian Penal Code, to which he did not plead guilty and claimed trial.