STATE OF HIMACHAL PRADESH Vs. GIANA

JUDGEMENT

(1.) Present appeal filed under Section 378 of the Code of Criminal Procedure, 1973 against judgment of acquittal dated 10.8.2006 passed by learned Sessions Judge Chamba Division in Sessions Case No. 31 of 2005, titled State vs. Giana and another relating to FIR No. 11 of 2005, dated 13.03.2005, registered in Police Station Khairi, District Chamba H.P. under Sections 376, 511, 341, 506/34 IPC.

(2.) BRIEF facts as alleged by the prosecution are that on dated 14th March 2005 complainant filed a criminal complaint Ext. PW2/A before the Superintendent of Police Chamba alleging that on dated 12th March 2005 at about 9 AM the prosecutrix had gone to the forest to fetch the grass for the cattle. It is alleged by the prosecutrix that on the way there is one rivulet. It is further alleged by the prosecutrix that accused namely Giana and Kalu misbehaved with prosecutrix and blocked her path. Prosecutrix further alleged that when she tried to run away then accused namely Giani and Kalu caught her and laid her on the ground. It is further alleged by the prosecutrix that co -accused No. 2 Kalu caught the prosecutrix from her arms and co -accused No. 1 namely Giana removed her clothes and salwar. It is further alleged by the prosecutrix that when she cried for help, then co -accused No. 1 namely Giana pressed her neck and told that in case prosecutrix would raise alarm then he would kill the prosecutrix. It is further alleged by the prosecutrix that co -accused No. 2 namely Kalu caught the prosecutrix from her arms and co -accused No. 1 namely Giana forcibly committed rape upon her. It is further alleged by the prosecutrix that when co -accused No. 1 Giana completed criminal offence of rape upon prosecutrix, co -accused No. 2 Kalu attempted to rape her. It is further alleged by prosecutrix that independent witness namely Chet Ram saw the entire incident of criminal offence and rescued the prosecutrix from the clutches of the accused persons. It is further alleged by complainant that husband of the complainant is old person and co -accused Giana told the prosecutrix that he would commit sexual intercourse with the prosecutrix in future also. FIR No. 11 of 2005 was registered at Police Station Khairi, District Chamba H.P. Matter was investigated and challan was filed against co -accused Giana under Sections 376, 341, 506 IPC read with Section 34 IPC and challan was filed against co -accused Kalu under Section 511 read with Section 376 IPC and under Sections 341, 506 read with Section 34 IPC.

(3.) PROSECUTION examined following eleven witnesses in all in support of its case: -