STATE OF H.P. Vs. BRIJ MOHAN

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment passed by learned Additional Sessions Judge Shimla HP in Sessions Trial No. 23 -R/7 of 2007 titled State of HP Vs. Brij Mohan decided on 19.4.2008.

(2.) BRIEF facts of the case as alleged by prosecution are that on dated 4.11.2006 and 6.11.2006 at Khauni rivulet accused namely Brij Mohan committed rape upon prosecutrix. It is further alleged by prosecution that on the aforesaid date, time and place the accused also intimidated the prosecutrix and threatened her that he would kill the prosecutrix if the prosecutrix disclose the factum of rape to her parents. It is further alleged by prosecution that prosecutrix was the student of 5th class and was studying in Sawarna High School. It is further alleged by prosecution that accused used to tease the prosecutrix. It is further alleged by prosecution that prosecutrix did not menstruate and her mother inquired to know from her the reason upon which prosecutrix disclosed that accused committed rape upon her. It is further alleged by prosecution that MLC Ext PW5/A was conducted and pregnancy test of the prosecutrix was found positive. It is alleged by prosecution that prosecutrix had spontaneous abortion. The clothes of the prosecutrix were took into possession vide memo Ext PW1/B. It is further alleged by prosecution that site plans Ext PW11/A, Ext PW11/B and Ext PW11/D were prepared by the Investigating Officer. It is alleged by prosecution that birth certificate of the prosecutrix was also obtained vide memo Ext PW11/E. It is further alleged by prosecution that the copies of the admission and withdrawal register Ext PC and Ext PD and copy of attendance register Ext PH were also obtained. It is further alleged by prosecution that sample of hairs of prosecutrix and accused were took into possession. It is further alleged by prosecution that report of Forensic Science Laboratory is Ext PW11/G. It is further alleged by prosecution that the hairs of the accused and prosecutrix were sent to Forensic Science Laboratory Junga. Accused did not plead guilty and claimed trial.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: -