STATE OF HIMACHAL PRADESH Vs. MANJEET SINGH

JUDGEMENT

(1.) STATE has appealed against the judgment, dated 21.11.2006, passed by Additional Sessions Judge (Presiding Officer, Fast Track Court), Solan, Camp at Nalagarh, in Case No. 1FTN/7 of 2006, titled as State of H.P. v. Manjeet Singh, whereby accused -appellant Manjeet Singh (hereinafter referred to as the accused) stands acquitted for having committed the offence punishable under the provisions of Sections 366 and 376 of the Indian Penal Code.

(2.) IT is the case of prosecution that on 20.9.2005, prosecutrix (PW -2), on the asking of the accused, went to the house of his sister at Amritsar, where he subjected her to rape. On 21.9.2005, he took her to an Advocate at Taran Taran and got prepared documents for solemnizing Court marriage, however, which she refused to sign. Thereafter, on 22.9.2005, he took her to Malakpur, where again she was subjected to rape. On 23.9.2005, police recovered her and took her home, where her statement (Ex. PW -2/A) was recorded, on the basis of which FIR No. 201/05, dated 23.9.2005 (Ex. PW -9/A), for commission of offence, punishable under the provisions of Sections 363, 366, 376, 506 of the Indian Penal Code, was registered at Police Station, Nalagarh. Prosecutrix was got medically examined from Dr. Sunita Sood (PW -1), who issued MLC (Ex. PW -1/B). For determining the age of the prosecutrix, her radiological age was got determined and proof of her date of birth taken on record. During investigation prosecutrix refused to give specimen signatures or her handwriting for comparison. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 13 witnesses and statement of the accused, under the provisions of Section 313 of the Code of Criminal Procedure, was also recorded, in which he pleaded innocence and took the following defence: