STATE OF H.P. Vs. BALBIR SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 21/12/2013, passed by learned Special Judge, Sirmour District at Nahan, vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of the charged offences. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Ss. 376 and 506 of the Indian Penal Code (IPC) and Sec. 5(j)(ii) of the Protection of Children from Sexual Offences Act (POCSO Act). It was asserted that the uncle of the informant (name being withheld to protect her identity) had engaged the accused as a labourer with other persons. The informant had gone to the jungle to bring the fuel wood. The accused followed and raped her in the jungle. He threatened to kill the informant in case the incident was disclosed to any person. The accused continued to rape the informant by calling her to the jungle and threatening her for 15-20 days after the incident. The informant could not narrate the incident to any person due to fear. When the belly of the informant started growing, her mother made inquiries from her. The informant revealed the incident to her mother. The matter was reported to the police where FIR (Ex.PW1/A) was registered. SI Naresh Sharma (PW16) conducted the investigation. He filed an application (Ex.PW6/A) for conducting the medical examination of the informant. Dr Surya Saini (PW6) conducted the medical examination of the informant and found that she was pregnant. He referred her to a Gynecologist and Radiologist for expert opinion. No marks of injury were found on the informant's body. Dr. Surya Saini issued MLC (Ex.PW6/B). Dr Sumala Kapila (PW4) conducted the ultrasonic examination of the informant on 24/2/2013 and issued the report (Ex.PW4/B) stating that the fetus was 22 weeks and 5 days old. The police subsequently told the Medical Officer that the opinion of the Radiologist was not required. SI Naresh Sharma (PW16) visited the spot and prepared the site plan (Ex.PW16/A). He filed an application (Ex.PW16/B) for conducting a medical examination of the accused. Dr Parvesh Aggarwal (PW17) conducted the medical examination of the accused and found that there was nothing to suggest that he was incapable of performing sexual act. Samples of pubic hair, scalp hair, nail scrapping and undergarments were preserved which were handed over to the police official accompanying the accused. Dr. Parvesh Aggarwal issued the MLC (Ex.PW17/A). SI Naresh Sharma filed an application (Ex.PW5/A) for obtaining a blood sample of the accused. Dr Gopal (PW5) obtained a blood sample of the accused on an FTA card. He attested the identification form (Ex.PW5/B). Ranvir Singh (PW7) issued the birth certificate (Ex.PW7/A) of the victim and a copy of the pariwar register (Ex.PW7/B) showing that the victim was born on 15/12/1999 and was minor on the date of the incident. The statement of the informant was recorded by learned Judicial Magistrate First Class, Nahan. The statements of witnesses were recorded as per their version. Prem Pal (PW8) issued a copy of Jamabandi (Ex.PW8/A) and a copy of Aks (Ex.PW8/B). The informant gave birth to a baby. The police filed an application (Ex.PW6/E) for preserving blood samples of the informant and her newborn baby for DNA profiling. Dr. Surya Saini obtained blood samples of the informant and the newly born baby on the FTA card. She attested identification forms (Ex.PW6/G and Ex.PW6/H). Samples were sent to SFSL, Junga and results (Ex.PW6/C, (Ex.PW6/J and Ex.PW19/C) were issued stating that no blood and semen were detected on the samples analysed in the laboratory, the informant was the biological mother and the accused was the biological father of the male baby. Dr. Surya Saini (PW6) issued a final opinion that the victim was subjected to multiple sexual intercourse. The accused was the biological father and the informant was the biological mother of the male baby. Statements of remaining witnesses were recorded as per their version and after completion of the investigation, a challan was prepared and presented before the learned Chief Judicial Magistrate, Sirmour District at Nahan, who committed the case to the learned Special Judge for trial.

(3.) Learned Special Judge charged the accused with the commission of offences punishable under Ss. 376 and 506 of IPC and Sec. 6 of the POCSO Act, to which he pleaded not guilty and claimed to be tried.