STATE OF HIMACHAL PRADESH Vs. KISHORI LAL

JUDGEMENT

(1.) State appeals against the judgment dated 3.12.2011, passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh, in Sessions Trial No. 21 -7 of 2010, titled as State of Himachal Pradesh v/s. Kishori Lal, challenging the acquittal of respondent Kishori Lal (hereinafter referred to as the accused), who stands charged for having committed offences, punishable under the provisions of Ss. 376, 342, 498 and 323 of the Indian Penal Code.

(2.) It is the case of prosecution that accused was running a tailoring shop at Padyalag Chowk in District Bilaspur, Himachal Pradesh. Complainant Madan Lal (PW -1), who was employed with him as a tailor, was suffering from physical disability of the legs and as such could walk only with the support of crutches. On 23.7.2009, accused came to the house of Madan Lal, where both of them had drinks. At about 10.30 p.m., when Madan Lal went out to urinate, accused forcibly took the prosecutrix (PW -2) to his shop where he subjected her to rape. Finding neither the accused nor his wife (prosecutrix) to be home, Madan Lal searched for them at different places. Eventually, he went to shop of the accused and by peeping in saw both the accused and the prosecutrix in a naked condition. Complainant then went to the shop of Prakash Chand (PW -3) and asked him to come. Noticing Madan Lal to be on the spot, accused came out and gave beatings with the crutches. Thereafter, Madan Lal telephonically reported the matter to the police. Vijay Kumar (PW -5) prepared a report, and the police party reached the spot, where ASI Anant Ram (PW -15) recorded statement (Ex. PW -1/A) of Madan Lal, which led to registration of case FIR No. 103, dated 24.6.2009, for commission of offences, punishable under the provisions of Ss. 376, 342 & 323 of the Indian Penal Code, at Police Station, Bharari, District Bilaspur, Himachal Pradesh. Prosecutrix as also Madan Lal were got medically examined from Dr. Bharti Ranout (PW -9) and Dr. Bhanu Kanwar (PW -12), respectively.

(3.) During the course of investigation, clothes worn by the prosecutrix were taken into possession and alongwith the vaginal swab sent for chemical analysis to the Forensic Science Laboratory. Report of the Laboratory (Ex. PW -9/C) was taken on record.