(1.) STATE has appealed against the judgment dated 5.12.2007 of the learned Sessions Judge, Hamirpur, Himachal Pradesh, passed in Sessions Trial No.11 of 2007, titled as State v.Varun Kumar and another, challenging the acquittal of respondents Varun Kumar and Deepak Rai Verma (hereinafter referred to as the accused).
(2.) IT is the case of prosecution that prosecutrix (PW -4), a student of 10th Class, was residing with her mother at village Khagal (District Hamirpur), Himachal Pradesh. At the end of the academic session, on 27.2.1007, a farewell party was arranged in the school, where prosecutrix was studying. After the party, prosecutrix went to the house of her friend Kanchan (PW - 10), where accused Varun Kumar met her and took her to the house of his cousin co -accused Deepak Rai Verma, at Una, where they spent night. During midnight accused forcibly committed sexual intercourse with the prosecutrix. Finding that prosecutrix had not reached the house of her Mausi, as she had informed her mother, her uncle girdhari Lal (PW -6) lodged report with the police, on the basis of which FIR No.88 dated 28.2.2007 (Ex. PW - 6/A), under the provisions of Sections 363,336 of the Indian Penal Code, was registered at Police Station, Sadar (Hamirpur). When accused Varun Kumar learnt about the same, Deepak Rai took them to his factory at Tahaliwal, near Una. There prosecutrix spent some time, where again she was subjected to carnal intercourse by accused Varun Kumar. Next day, Deepak Rai Verma brought back accused Varun Kumar and the prosecutrix to his house and handed over the custody to the police. Investigation was taken over by SI Guler Chand, who got the prosecutrix medially examined from Dr. Deepa Diwan (PW -1) and Dr. Kavita (PW -2), who issued MLCs (Ex. PW - 1/B and 2/B). Investigation revealed that prosecutrix, as on the date of commission of crime, was minor and as such, her ossification test was got conducted through Radiologist Partap Chand Indoria (PW -3) and Dr. D.V. Kulkarni (PW -5). Skiagrams and X -Ray rports (Ex.PW - 3/A1 to A -4 and Ex. PW -5/A) were taken on record by the police. Also certificates establishing date of birth of the prosecutrix were taken on record by the police from Jai Kishan (PW -13) and Ms Pushpa Thakur (PW -14). Police also took into possession Chaddar, mattress, clothes, vaginal swab, which were sent for chemical analysis and report (Ex. PX) obtained and taken on record. With the completion of investigation, which revealed complicity of both the accused in the alleged crime, challan was presented in the Court for trial.
(3.) ACCUSED Varun Kumar was charged for having committed an offence punishable under the provisions of Sections 363, 366, 376 and 377 of the Indian Penal Code and accused Deepak Rai Verma was charged for having committed offences under the provisions of Sections 212 and 368 of the Indian Penal Code, to which they did not plead guilty and claimed trial.
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