STATE OF H.P. Vs. SUNIL KUMAR

JUDGEMENT

(1.) This appeal has been instituted at the instance of the State against the judgment dated 9.9.2008, rendered by the learned Presiding Officer/Addl. Sessions Judge (FTC), Hamirpur, H.P. in Sessions Trial No. 7 of 2008, whereby the respondent -accused (hereinafter referred to as the accused) who was charged with and tried for offence punishable under Ss. 376 & 511 IPC, has been acquitted by the learned trial Court.

(2.) The case of the prosecution, in a nut shell, is that Sh. Deep Chand father of the prosecutrix and her brother came to the Police Station Sujanpur on 3.10.2007 to lodge the complaint. Deep Chand informed that he was working as Cook in the N.I.T., Hamirpur. He came from Hamirpur at about 6:30 AM to his village and his wife Anju Devi told him that the prosecutrix aged about 8 years, complained of pain in her private part. In the meantime, the daughter of Rangila Ram, namely, Kiran Kumari alias Indu aged about 10 years came to his house and told that on 2.10.2007 at about 2:30 PM, after school the prosecutrix was coming home from the school and accused met her on the way. He lifted the prosecutrix and took her to the cowshed of Narain Singh. Upon this, the prosecutrix further disclosed that on 2.10.2007 when she was coming back from the school, the accused lifted her and took her inside the cowshed. Thereafter the door of the cowshed was closed and the accused opened her 'Pyjami' and attempted to rape her. However, no blood stains were noticed on the clothes of the prosecutrix. On the basis of the statement, FIR Ext. PW -7/A was registered against the accused. The spot was inspected with the help of witnesses. The attendance certificate of the prosecutrix Ext. PW -10/B was obtained from Govt. Primary School, Bhater. During investigation, it was found that the occurrence in fact took place on 29.9.2007 at about 3:30 PM when the prosecutrix was coming from school to her house and the occurrence took place on the path below the cowshed on the grass when the accused was found to have attempted to rape the prosecutrix. The clothes of the prosecutrix were taken into possession. The same were sent to FSL, Junga. According to the FSL, report Ext. PW -12/C, human blood was found on exhibit (vaginal swab of the prosecutrix), but no semen was found on any exhibit. The investigation was completed and challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution has examined as many as 16 witnesses to prove its case. The accused was also examined under Sec. 313 Cr.P.C. to which he pleaded not guilty. According to him, he was falsely implicated. The learned Trial Court acquitted the accused on 9.9.2008. Hence, the present appeal.