STATE OF H.P. Vs. RAM

JUDGEMENT

(1.) Present appeal is filed against the judgment dated 4.1.2008 passed by learned Sessions Judge Bilaspur District Bilaspur HP in sessions trial No. 41 of 2005 titled State of HP v/s. Siri Ram.

(2.) Brief facts of the case as alleged by prosecution are that on dated 19.11.2004 at about 3.30 PM at village Patta police station sadar District Bilaspur minor prosecutrix aged nine years was on her way and accused aged twenty three years wrongfully and illegally restrained minor prosecutrix from proceeding further and thereafter accused illegally and wrongfully confined minor prosecutrix aged nine years in his house. It is further alleged by prosecution that accused made attempt to commit rape of minor prosecutrix aged nine years and also intimidated minor prosecutrix to cause her death. It is further alleged by prosecution that FIR Ext PW7/A was filed and minor prosecutrix was medically examined by PW1 Dr. Savita Mehta and MLC Ext PW1/A was issued. It is further alleged by prosecution that site plan was prepared. It is further alleged by prosecution that clothes of minor prosecutrix salwar Ext PW2 and shirt Ext PW3 took into possession vide seizure memo Ext PW5/A. It is further alleged by prosecution that birth certificate of minor prosecutrix obtained. It is further alleged by prosecution that medical examination of accused was conducted and MLC of accused is Ext PW2/A. Learned trial Court framed charges against accused on 28.9.2006 under Ss. 341, 342, 506 and 376 IPC read with Sec. 511 IPC. Accused did not plead guilty and claimed trial.

(3.) Prosecution examined thirteen oral witnesses and also tender documentaries evidence accused also examined one oral witness in his defence. Learned trial Court acquitted the accused.