STATE OF HIMACHAL PRADESH Vs. JAI SINGH

JUDGEMENT

(1.) THE instant appeal, is, directed by the State, against the impugned judgment, rendered on 23.4.2013, by the learned Additional Sessions Judge, Mandi, in, Sessions trial No. 19 of 2008, whereby, the learned trial Court acquitted the accused/respondents for theirs having committed offences punishable under Sections 366, 376 -G of Indian Penal Code.

(2.) BRIEF facts of the case are that on 30.5.2008, on the information of SDPO Sunder Nagar, a Rapat No. 21 was lodged with Police Station Joginder Nagar. ASI Satish Kumar alongwith other police Officials reached at Police Station Sundernagar where statement of prosecutrix under Section 154 Cr.P.C. was recorded, on the basis of which, an FIR came to be registered against the accused. The facts enumerated in the FIR are that the mother of the prosecutrix Soma Devi was employed at Joginder Nagar Hospital and her father Sohan Lal was employed with Electricity Department. On 29.5.2008, the younger brother Jitender Kumar was at home and her parents were at their respective work places, after preparation of rice, the prosecutrix went towards bus Stand Jogindernagar, where one truck was parked near PWD workshop and cement was being unloaded from the truck. It is also alleged that one person called her towards truck. She went towards that place where the person gave her his telephone number. Thereafter she accompanied them. It is further alleged in the FIR that on the same day about 3.30 p.m., accused took her in the truck on the pretext of showing her Mandi Bazar. However, on way at place Gumma, they had perpetrated forcible sexual intercourse upon her without her consent. It is further alleged that accused at place Barmana during night time again had perpetrated forcible sexual intercourse upon her. In morning time, they took her to Sunder Nagar in the truck and when cement was being unloaded near Canal at Sundernagar, then one another truck came there and accused make the prosecutrix to sit in that truck and asked the driver to unboard her after some distance. Accused also gave her Rs. 125/ - and some coins. The truck driver un -boarded her near the bridge. After unboarding the truck she was crying, then police came there and took her to police station. During the Course of investigation, site plan of the occurrence was prepared and recorded the statements of the witnesses. On conclusion of the investigation, into the offences, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and presented in the Court.

(3.) IN order to prove its case, the prosecution examined 24 witnesses. On closure of prosecution evidence, the statements of accused, under Section 313 of the Code of Criminal Procedure, were recorded, in, which they pleaded innocence and claimed false implication. They did not choose to lead evidence in defence.