STATE OF H.P. Vs. AMIT KUMAR

JUDGEMENT

(1.) In present appeal, judgment dated 6.9.2012 passed by learned Sessions Judge, Kangra at Dharamshala in Sessions Case No.41 -P/VII -2010, in case FIR No.27/2010 dated 1.3.2010 registered at Police Station, Bhawarna, under Section 511 read with Section 376 IPC, acquitting the respondent/accused is under challenge.

(2.) Prosecution case in brief is that on 1.3.2010 at about 3.30 p.m. PW -1 prosecutrix, who 8 years old was sexually assaulted by respondent/accused Amit Kumar by touching his genital part with that of prosecutrix while she was on the way to fetch water from Bowli (water source) alongwith her 4 years old brother Ankit Kumar. It has been further alleged that respondent/accused had gagged mouth of prosecutrix with handkerchief. On her efforts to raise alarm and weeping, respondent/accused had allowed to go her. As per PW -2 Meena Devi mother of prosecutrix, prosecutrix had narrated the incident on reaching home and thereafter PW -2 Meena Devi had informed her father PW -3 Ramesh Chand who had visited Police Station alongwith prosecutrix and statement of PW -2 Meena Devi Ex.PW -2/A under Section 154 Cr.P.C. was recorded by the police.

(3.) During investigation, PW -1 (prosecutrix) was medically examined by PW -10 Dr.Kalpana Mahajan, Medical Officer CH, Palampur who had issued MLC Ex.PW10/A. Similarly, respondent/accused was medically examined by PW -5 Dr. Arun Gupta, Medical Officer, PHC, Dheera who after examination of the respondent /accused had issued MLC Ex.PW5/C.