STATE OF HIMACHAL PRADESH Vs. PUSHVINDER

JUDGEMENT

(1.) ASSAILING the judgment dated 27.05.2009, passed by learned Sessions Judge, Bilaspur, H.P., in Sessions Trial No. 1 of 2006/05, titled as State of Himachal Pradesh Versus Pushvinder Singh, 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 in the night intervening 6/7.12.2003, at about 1.30 AM, prosecutrix had gone to the fields to defecate. She was having a bad stomach for which she had taken medicine. Just as she was defecating, accused pounced upon her and after opening his pants forcibly subjected her to rape. Prosecutrix raised alarm, but none came to her rescue. She went home and informed her family members. In the morning of 07.12.2003, her father -in -law Fateh Singh (P.W. 2) went to the house of Sarwan (P.W. 9) Pradhan, Gram Pancahyat and informed him of the incident. Till the evening they waited for the Pradhan to come and take action, which did not happen. Then matter was brought to the notice of Karam Chand (P.W. 11) brother of the prosecutrix. Thereafter, Jai Singh (P.W. 5) brother -in -law (Jeth) of the prosecutrix reported the matter to the police and report (Ex. PW. 6/A) recorded. Police party headed by Additional SHO, Gulam Mohammad (P.W. 12) reached the spot and recorded statement of the prosecutrix under the provisions of Section 154 Cr.P.C. (Ex. P.W. 3/A), on the basis of which FIR. 161/03 dated 08.12.2003 (Ex. P.W. 7/A) was registered against the accused, at Police Station, Kot Kehloor, District Bilaspur, H.P., under the provisions of Sections 376 of the Indian Penal Code. Prosecutrix was got medically examined from Dr. Nishi Jaswal (P.W. 1), who issued MLC (Ex. P.W. 1/B). Incriminating articles, in the shape of clothes of the prosecutrix and the accused were seized by the police. Report (Ex. P.W. 1/A) of the Forensic Science Laboratory was obtained by the police. Investigation revealed complicity of the accused in the alleged crime, hence Challan was presented in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as thirteen witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took up the following defence: -