STATE OF H P Vs. ANIL KUMAR

JUDGEMENT

(1.) Present appeal has been filed against judgment dated 23.9.2010 passed by learned Additional Sessions Judge, Fast Track Court, Hamirpur in Sessions Trial No.17 of 2010, acquitting respondent in Case FIR No.62 of 2010 dated 21.3.2010 under Sections 376, 377 read with Section 511 of Indian Penal Code, registered at Police Station, Barsar, District Hamirpur.

(2.) Brief facts of the case are that PW-4 prosecutrix, three years old daughter of complainant PW- 1 Smt. Kamla Devi, had gone to play in village on 20.3.2010 at about 3.30 p.m. and on return at about 5.30. p.m., she was weeping. She told her mother PW-1 Kamla Devi that Neelu(respondent) is a bad person as he had laid down her on bed and had touched his urination organ with her place of urination and had also put it in her mouth. Thereupon, PW-1 Kamla Devi had asked her husband PW-3 Mohinder Kumar telephonically to come to house who was at Barsar in his Motor Workshop. Thereafter PW-1 Kamla Devi had gone towards village and on the way Saroj alias Nisha had met her to whom she had narrated the entire episode.

(3.) Pw-3 Mohinder Kumar, husband of PW-1 had reached home at 10 p.m. to whom PW-1 had narrated the entire story. Thereafter, they went to Police Station, Barsar, situated at 10 K.M. distance from their village and FIR Ex.PW-1/A was registered on the basis of complaint made by Smt. Kamla Devi PW-1 at 3.00 a.m. on 21.3.2010. On 21.3.2010, at about 5 a.m. police had reached in Village and thereafter prosecutrix was taken to C.H.C. Barsar from where she was referred to Regional Hospital, Hamirpur for medical examination. Prosecutrix was medically examined in RH Hamirpur at 9.15 a.m. on 21.3.2010 and MLC Ex.PW-5/A was issued. During investigation prosecutrix had identified the place of occurrence with her mother and bed sheet was taken into possession vide memo Ex.PW-2/A. Date of birth certificate of prosecutrix Ex.PW-8/B and respondent Ex.PW-6/B was obtained. Medical Examination of respondent was also conducted vide MLC Ex.PA. Clothes of prosecutrix and respondent, bed sheet, vaginal slides of prosecutrix, pubic hair and smegma swab of respondent were sent for Chemical Analysis.