STATE OF H.P. Vs. LUDARMANI AND ORS.

JUDGEMENT

(1.) The State of Himachal Pradesh is aggrieved by the findings of acquittal recorded in favour of the respondents/accused by the learned Special Judge, Mandi, District Mandi, H.P. Being aggrieved, it has sought the leave of this Court for instituting an appeal therefrom for assailing it.

(2.) Briefly stated the facts of the case are that on 4.3.2013, PW -1 prosecutrix was coming back to her house from school and she was caught by accused Ludermani in Ropri forest and committed sexual intercourse with her. She was threatened by the accused not to disclose this incident to anyone. On 13.03.2013, she was alone and the accused entered in her house and committed forcible sexual intercourse with her and again threatened her not to disclose this fact to anyone. Similarly, as per allegations on 20.03.2013, also accused again committed forcible sexual intercourse with the prosecutrix when she was alone. On 13.4.2013, accused Ludermani sent a letter to the prosecutrix through one Mansi which fell in the hands of PW -2 Devinder Kumar, brother of the prosecutrix. In the meantime co -accused Bhagat Ram came to their house having a danda and quarreled with PW -2. Thereafter it was disclosed to PW -2 that the accused had committed rape with the prosecutrix. The matter was reported to the police and FIR Ex. PW1/A was registered in the police station. The prosecutrix was medically examined by PW -11 Dr. Shruti Kainth who opined that the possibility of rape was not ruled out and issued MLC Ex. PW11/B. The Investigating Officer visited the spot and prepared spot maps Ex. PW10/A, Ex. PW10/B and various articles along with clothes were seized on the identification of the prosecutrix. The accused was arrested and was produced before PW -3 Dr. Vivek Moudgil for his medical examination who opined that the accused was capable of performing sexual intercourse. The date of birth certificate of prosecutrix Ex. PW4/B, copy of pariwar register Ex. PW4/C, copy of date sheet Ex. PW5/A, copy of matriculation examination certificate Ex. PW5/C were procured during investigating. The clothes and other case property was sent for Forensic Science Laboratory and report of Regional Forensic Science Laboratory, Mandi Ex. PW6/A was obtained.

(3.) On conclusion of the investigation, into the offences, allegedly committed by the accused, a report under Sec. 173 of the Code of Criminal Procedure was prepared and fled in the Court.