KULDEEP THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment and sentence passed by learned Sessions Judge Mandi in Sessions Trial No. 38 of 2011 titled State vs. Kuldeep Thakur and another decided on dated 28.6.2012 and quantum of sentence announced on dated 29.6.2012.

(2.) IT is alleged by the prosecution that on dated 2.2.2011 prosecutrix left her home in order to attend Government Senior Secondary School Chowk where she was studying. It is alleged by prosecution that age of prosecutrix was 14 1/2 years. It is alleged by prosecution that prosecutrix did not come back and her father inquired about prosecutrix from her relatives. It is also alleged by prosecution that one Ishwar Dass noticed the prosecutrix in Baba bus which was enrouted to Kullu and on dated 4.2.2011 prosecutrix was found at Bhunter along with co -accused Kuldeep and thereafter prosecutrix and co -accused Kuldeep were brought to police station Sarkaghat and FIR Ext. P.W. 3/A was registered. It is alleged by prosecution that on dated 2.2.2011 co -accused Kuldeep met the prosecutrix and persuaded the minor prosecutrix to go to Rewalsar and also persuaded the minor prosecutrix to throw away her school bag. It is alleged by prosecution that thereafter prosecutrix accompanied co -accused Kuldeep to Rewalsar in private bus namely Baba bus service and thereafter accused took the prosecutrix to Kullu. It is alleged by prosecution that co -accused Kuldeep expressed his desire to marry the prosecutrix and took the minor prosecutrix to village Kharahal in the house of co -accused Hari Singh. It is alleged by prosecution that co -accused Kuldeep committed forcible sexual intercourse with minor prosecutrix in the house of co -accused Hari Singh in the night of dated 3.2.2011. It is alleged by prosecution that Investigating Officer moved application Ext. P.W. 9/A and requested the medical officer CHC Sarkaghat to conduct medical examination of prosecutrix. It is alleged by prosecution that no lady doctor was available in hospital CHC Sarkaghat and thereafter minor prosecutrix was forwarded to Zonal Hospital Mandi where P.W. 9 Dr. Renu conducted the medical examination of minor prosecutrix and medical officer opined that age of prosecutrix was between 14 to 16 1/2 years. It is alleged by prosecution that accused was also medically examined and MLC of accused Ext. PA was obtained. It is alleged by prosecution that birth certificate of prosecutrix from family register was also obtained. It is alleged by prosecution that date of birth of minor prosecutrix is dated 11.12.1996 and birth certificate of prosecutrix is Ext. P.W. 1/C. It is alleged by prosecution that father of prosecutrix produced the photocopy of middle standard certificate of minor prosecutrix which was took into possession vide seizure memo Ext. P.W. 2/A. It is alleged by prosecution that attendance certificate of minor prosecutrix from school was obtained and copies of school admission and withdrawal certificate were also obtained. It is alleged by prosecution that spot map Ext. P.W. 11/C was prepared and room of co -accused Hari Singh where co -accused Kuldeep committed forcible sexual intercourse upon minor prosecutrix was located and prosecutrix identified blanket Ext. P2 which was took into possession vide seizure memo Ext. P.W. 11/D. It is alleged by prosecution that case property was deposited in malkhana and entry was recorded in malkhana register at Sr. No. 1225/11 and abstract of malkhana register is Ext. P.W. 5/A. It is alleged by prosecution that case property was sent to FSL Junga through P.W. 3 Nanak Chand vide RC No. 49 of 2011 and further alleged that DNA profiling was conducted and report was obtained.

(3.) PROSECUTION examined as many as twelve witnesses in support of its case and accused persons examined one witness as defence witness: -