LAWS(HPH)-2016-11-104

STATE OF HIMACHAL PRADESH Vs. PARAMJEET SINGH @ BANGU

Decided On November 04, 2016
STATE OF HIMACHAL PRADESH Appellant
V/S
Paramjeet Singh @ Bangu Respondents

JUDGEMENT

(1.) State of Himachal Pradesh is in appeal before this Court. The complaint is that learned trial Court has acquitted the respondent (hereinafter referred to as the 'accused') of the charge under Sections 341, 323, 506 and 376 read with Section 511 of the Indian Penal Code vide judgment dated 11.03.2014 passed in RBT Sessions Case No. 3-J/VII/14/12 erroneously without appreciating the prosecution evidence in its right perspective. The evidence as has come on record by way of testimony of the prosecutrix who has stepped into the witness box as PW-5 and that of her mother PW-6 and her uncle PW-7. The evidence as has come on record by way of testimony of PW-1, the Pradhan of Gram Panchayat is also stated to be erroneously ignored. The evidence qua age of the prosecutrix as has come on record by way of birth certificate Ext. PW- 9/A and PW-11/K have also been erroneously brushed aside.

(2.) The charge against the accused in a nut shell is that on 1.9.2012 around 1.00 p.m. at village Papahan under Police Station, Jawali, District Kangra he wrongfully restrained the prosecutrix from proceeding ahead on her way to home from school after appearing in examination. He asked her to disclose the name of her parents and when she was about to disclose name their names to him, he put his hand on her shoulder. She objected to such unbecoming behaviour of the accused and asked him as to what he was doing. Instead of letting her free, he dragged her inside the maize field situated nearby and asked her to kiss him, failing which, threatened to torn out her clothes. She objected to such behaviour of the accused and on this he put his hand on the string of her salwar. On hearing that someone is going on motorcycle, she raised an alarm. The motorcyclist, none-else but her uncle Praveen Kumar (PW-7) on hearing her cries entered inside the maize field and noticed that the accused had caught hold the prosecutrix and was kissing her. On observing the presence of someone (PW-7) there, the accused set the prosecutrix free and fled away. PW-7 could not caught hold him. It is with these allegations, a case under Sections 341, 323, 354 and 506 IPC was registered against him in Police Station, Jawali, District Kangra vide FIR Ext. PW-11/A, on the basis of application Ext. PW-1/A made by PW-6 Sandla Devi, the mother of the prosecutrix to Smt. Santosh Kumari (PW-1) Pradhan Gram Panchayat, Papahan.

(3.) The investigation in the case was conducted by Sub Inspector Ashwani Kumar, PW-11. It is pertinent to note that the prosecutrix and her mother both have refused for getting the medical examination of the prosecutrix conducted. Any how, the prosecutrix was medically examined by PW-2 Dr. Sulekha Gupta vide MLC Ext. PW-2/A. No injury except for an abrasion was noticed on right wrist and on right knee joint. The Radiologist PW-4 Dr. Raman Sharma and Dr. Sulekha Gupta PW-2 both have disclosed the radiological age of the prosecutrix as 16 to 18 years. Such opinion Ext. PW- 4/B was formed by them on the basis of X-ray films Ext. P- 3 to Ext. P-8. The date of birth certificate Ext. PW-9/A was produced in evidence by PW-9 Rajinder Singh, Trained Graduate Teacher, Government Senior Secondary School, Guglara. Birth certificate Ext. PW-11/K was also obtained by the I.O from Secretary, Gram Panchayat, Papahan. The mother of the prosecutrix and her uncle Praveen Kumar were associated during the course of investigation and their statements under Section 161 of the Code of Criminal Procedure were recorded.