STATE OF H P Vs. DHEERAJ KUMAR

JUDGEMENT

(1.) The instant appeal stands directed by the State of H.P. against the judgment of the learned Additional Sessions Judge, Ghurmarwin, District Bilaspur, Himachal Pradesh, rendered on 10.06.2010 in Sessions Trial No. 14/7 of 2009, whereby, the latter Court acquitted the accused/respondent of the offences punishable under Sections 376 and 506 of the Indian Penal Code.

(2.) The facts relevant to decide the instant case are that during the year 2009, the prosecutrix, aged 14 years, was studying in 8th standard in middle school at Bari Majerwan. Accused Dheeraj was his neighbour and known to the prosecutrix since her childhood. About four months prior to the occurrence the accused called the prosecutrix in the bath room of her paternal aunt Kamali Devi and committed rape on her. Thereafter, the accused repeated sexual act with her on regular intervals. On 16.2.2009 at about 7.00 p.m. accused Dheeraj called her to the bathroom of her aunt Kamli Devi at 8.00 p.m. by making a call on mobile phone No.92187-49628 belonging to her mother. The prosecutrix went there and the accused committed sexual act with her. After short while when her mother called her she went to her house. On being questioned by her mother initially the prosecutrix did not say anything but when her mother thrashed her she told her that she was called to the bathroom by accused Dheeraj where he had sexual intercourse with her. Thereafter, the parents of the prosecutrix visited the house of the accused but he was not present there. Then the prosecutrix visited Police Station, Ghumarwin along with her parents and lodged report about this occurrence on the basis of which FIR No.36 of 17.2.2009 was registered at 12.30 a.m. against the accused. The police carried out the investigation in the case and completed all the codal formalities.

(3.) On conclusion of investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.