STATE OF H.P. Vs. MAM RAJ

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant/State under Sec. 378 of the Code of Criminal Procedure against the impugned judgment dtd. 26/9/2014, passed by learned Special Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 03-ST/7 of 2014, whereby the accused (respondent herein) was acquitted for the offences punishable under Ss. 504, 506, 376 of the Indian Penal Code (for short "IPC") read with Sec. 3(i)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SCST Act').

(2.) The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under: 2(a). The prosecutrix (name withheld) got recorded her statement under Sec. 154 Cr.P.C., wherein she stated that the accused (Mam Raj, who is respondent herein) committed forcible sexual intercourse with her on three different occasions in the year 2011. She further stated that the accused also threatened her to do away with her life and he wrote letters with an intention to black mail her. The prosecutrix also stated that the accused used caste based remarks for her and her family members and threatened to eliminate them. As per the prosecutrix, she had purchased a ladies suit from the shop of one Anita Sahni and the accused paid for that suit without her consent. The matter was reported to the Pradhan of the concerned panchayat, where the accused apologized. A complaint was made to Sub Divisional Magistrate, Rajgarh. During the investigation, the prosecutrix was medically examined. Upon the statement of the prosecutrix, police effected relevant recoveries and her statement under Sec. 164 Cr.P.C. was recorded. It has come in the prosecution story that on 12/8/2013, around 06:00 p.m., the accused caught hold of the prosecutrix by her arm and she was rescued by her husband. It has also come in the prosecution story that the accused used to disturb peace and he used caste based remarks against the prosecutrix and her family members frequently. After completion of the investigation, police presented the chargesheet in the learned Trial Court.

(3.) The prosecution, in order to prove its case, examined eleven witnesses. Statement of the accused, under Sec. 313 Cr.P.C., was recorded, wherein he pleaded not guilty and claimed trial.