STATE OF HIMACHAL PRADESH Vs. VARINDER SORAN

JUDGEMENT

(1.) Aggrieved by the acquittal of the respondent for the commission of offence punishable under Ss. 376, 377, 506 and 417 of the Indian Penal Code (for short the 'IPC'), the State has filed the instant appeal.

(2.) The prosecution story, in a brief, is that on 18/4/2013, ASI Madan Lal (PW-20), Incharge, Police Post, City, Una, along with other police officials, was on patrol duty near Government School, Galua (Una). At around, 4.20 p.m., the prosecutrix along with her husband met the police party and prosecutrix got her statement Ext. PW1/A recorded under Sec. 154 Cr.P.C. in the presence of Lady Constable Jeewan Jyoti. The prosecutrix stated that her marriage had been conducted with one Mukesh in the year 2004 and two children were born out of the wedlock. Her father-in-law and mother-in-law were suffering from leprosy and therefore, they were residing in 'Kushth Ashram', Una where she along with her husband and children was residing in a 'Jhuggi' (thatched shed). Her husband was labourer by profession and in the day time, she along with her children remained in the 'Kushth Ashram' for serving her in-laws. In the 'Kushth Ashram', there was a lady by the name of Sucheta, who was known to the prosecutrix for the last 5-6 yeas and her brother Varinder Soran i.e. the respondent herein had been working in the factory at Mehatpur and was a frequent visitor to the 'Kushth Ashram'.

(3.) On 14/4/2013, there was a 'Baishakhi' fair in the 'Kushth Ashram' and the prosecutrix along with her husband remained in the 'Kushth Ashram' upto 6.30 p.m. At around 6.30 p.m., her husband dropped her along with her children in the 'Jhuggi' and thereafter came back to 'Ashram'. At around 9.00 p.m., the respondent came to her 'Jhuggi' and disclosed that her husband was lying near Railway Station, Una, under the influence of liquor and asked her to accompany him in order to bring him back. She took her daughter with her as her son was with her father-in-law and mother-in-law in the 'Kushth Ashram'. The respondent took her to the Railway Station but her husband was not found there and accordingly the respondent then took her to the Bus-stand, Una, but, again husband of the prosecutrix was also not there. The respondent disclosed that perhaps prosecutrix's husband had gone with Monu to 'Jhuggi' and thereafter the respondent took her to the Railway Station side and forcibly took her towards the bushes along with her daughter and put her on the ground and forcibly put off her slacks upto her knees and committed carnal intercourse with her forcibly and on her objection, he threatened to kill her in case she raised alarm. The respondent also gagged her mouth. Due to fear of the respondent, she (prosecutrix) did not report the matter to anybody and because she was feeling pain in her anus, therefore, she narrated the entire incident to her husband. She requested that her medical examination be got conducted and strict action be taken against the respondent.