STATE OF HIMACHAL PRADESH Vs. NANHA

JUDGEMENT

(1.) State has appealed against the judgment dated 26.4.2008, passed by learned Sessions Judge, Hamirpur, Himachal Pradesh, in Sessions Trial No.16 of 2007, titled as State v. Nanha, challenging the acquittal of respondent Nanha (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 376 of the Indian Penal Code.

(2.) It is the case of prosecution that on 8.6.2007, Patto Devi (PW.2) lodged a complaint to the effect that accused Nanha had subjected her daughter, i.e. the prosecutrix (PW.3) to sexual assault. In relation to the said crime, on 8.6.2007 at 2.30 AM, FIR No. 238/2007 (Ex.PW.2/A) under the provision of Section 376 of IPC came to be registered at Police Station, Hamirpur. The alleged incident took place at about 1.30 AM, in the night intervening 7th & 8th June, 2007. Inspector Anjni Jaswal (PW.12), SHO of the concerned Police Station, who conducted the investigation, got the prosecutrix medically examined from Dr. Rajneesh Thakur (PW.1), who issued MLC (Ex.PW.1/B). Accused was also got medically examined from Dr. Rajesh Sharma (PW.4), who issued MLC (Ex.PW.4/B). For corroboration, certain incriminating articles so recovered, were sent for chemical analysis and report of the Chemical Analyst (Ex.PX) taken on record. Police also took on record proof with regard to age of the prosecutrix (Certificates Ex.PW.8/B and PW.9/B).

(3.) With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.