STATE OF H.P. Vs. BIR SINGH

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 12.3.2013, rendered by the learned Sessions Judge, Bilaspur, H.P., in Sessions trial No. 11/2008, whereby the respondent -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sec. 376(f) and Sec. 511 IPC has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 22.5.2007, Reeta Devi (PW -1), mother of the prosecutrix (name withheld) got her statement recorded under Sec. 154 Cr.P.C. before the police that she was resident of village Kothi, Tehsil Jhandutta, PS Sadar, Distt. Bilaspur. She had one son, namely, Ravi Kumar aged 10 years and daughter (prosecutrix) aged 8 years. Both of them used to go to their school together. On 20.5.2007, the prosecutrix told her that on 19.5.2007 when she and her brother were coming back to home at about 2:00 PM (day time), accused who is son of elder brother of the husband of Reeta Devi (PW -1) met them and he told her daughter that he would give her sweets and caught hold of her from her arm. He took her towards the bushes where the accused opened the salwar of the prosecutrix and also opened his pants and laid her on the ground. He tried to commit rape with her, as a result of which she felt pain and cried for help. When the brother of the prosecutrix asked the accused to leave his sister, then he left her and left the place after giving threats to both of them not to disclose the incident to anyone. The prosecutrix was feeling pain and itching on her private part then Reeta Devi, her mother administered medicine to her. Swelling was also noticed on her private part. FIR was registered. The prosecutrix was examined by PW - 8 Dr. Savita Mehta. The accused was also medically examined. The police took into possession salwar Ext. P -1 and shirt Ext. P -2 of the prosecutrix. The accused also produced his towel Ext. P -3, shirt Ext. P -4 and underwear Ext. P -5 and pants Ext. P -4 before the police which were taken into possession vide memo Ext. PW - 1/C. Copy of parivar register Ext. PW - 5/B was taken into possession. The case was investigated and challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 11 witnesses. The accused was also examined under Sec. 313 Cr.P.C. He pleaded innocence. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.