STATE OF H P Vs. PARMA NAND

JUDGEMENT

(1.) Accused Uggar Singh and Parma Nand were tried for offence under Sections 342/376 of the Indian Penal Code before the trial Court. By decision of 28/02/1987, they were acquitted. This judgment has been assailed by the State through this appeal. It survives only against accused Parma Nand since the other accused (Uggar Singh) has died. The facts of the case may now be stated briefly.

(2.) One Jalmu Ram, Peon in the office of Executive Engineer, Electricity Board, Kumar House, Shimla, assured the prosecutrix and her father that he would secure the post of a Peon to the prosecutrix by talking to the Executive Engineer. Accordingly, on 16/03/1986, the prosecutrix came to Shimla with Amar Singh (god-brother) and met Jalmu Ram in the office of Executive Engineer where she was told that the Executive Engineer was not in the office and the matter would be discussed with him the next morning. For the night she was taken by him alongwith Amar Singh to a residential quarter which he claimed to be his. There, he cooked meals. In the meanwhile, accused Uggar Singh and Parma Nand, present there, started taking liquor alongwith jalmu Ram and Amar Singh. After some time, the accused administered two-three glasses of liquor to the prosecutrix forcibly. Accused Parma Nand broke the kerosene lamp that was lit in the room. Amar Singh was thrown out of the room. When the prosecutrix attempted to get out of the room, she was thrown on the cot by accused Parma Nand. The door was bolted from inside by the other accused, her 'Salvar' and underwear were removed. Accused Uggar Singh had sexual intercourse with her forcibly followed by accused Parma Nand while Amar Singh kept crying outside the room.

(3.) The police was informed telephonically that some mischief was going on in the quarters of Kumar House. It reached the scene of occurrence soon but by that time the accused had left the room. The statement of the prosecutrix was recorded under Section 154, Criminal Procedure Code by Sub Inspector Ram Lal. The underwear of the prosecutrix lying there and the bed-sheet which covered the bed where the prosecutrix was raped, were taken into possession. The accused and the prosecutrix were subjected to medical examination. The underwear of accused Uggar Singh and pants of accused Parma Nand were also taken into possession by the police. About the accused, the opinion of the Doctor was that they were capable of performing sexual intercourse and the underwear of accused Uggar Singh bore mark of semen. As to the prosecutrix, the opinion of the doctor was that she was used to sexual intercourse but there were no marks of violence on or around the external genitalia nor semen stains on clothes nor tenderness or redness around the external genitalia. There was no bleeding per vagina on internal examination, no hymen ruptured, caruculae hymeenealis was present. Vagina admitted two fingers easily. There was one linear abrasion over the left cheek extending upto middle of the lower lip. Vaginal smear did not show any sperm.