STATE OF HIMACHAL PRADESH Vs. PIAR CHAND

JUDGEMENT

(1.) The present appeal arises from the judgment of acquittal, dated 12.08.2010, passed by learned Sessions Judge, Hamirpur, H.P., in Sessions Trial No. 8 of 2010. The State of Himachal Pradesh has maintained the present appeal for setting -aside judgment of acquittal and punishing the accused for the offences committed under Section 376 and 506 of Indian Penal Code.

(2.) As per the prosecution, the prosecutrix (name withheld) made a statement, Ex. PW -8/A, before the Police that she was married with Shri Satish Kumar, resident of Village Bharoli, Tehsil Jawalamukhi, District Kangra, H.P, on 04.04.2017, in the office of Sub Divisional Magistrate, Hamirpur, H.P. Subsequently, prosecutrix and her husband started residing in the house of her husband's 'mausa' at Sujanpur. They stayed there with effect from 04.04.2007 to 15.04.2007. On 10.04.2007, the prosecutrix was alone in the house, as her mausi, Smt. Pawana Devi, her daughter -in -law and her dever had gone to the local bus -stand to see off the daughter of the accused. At about 12 noon, the accused entered into the room of the prosecutrix, bolted the door from inside and committed rape on the prosecutrix. He also took obscene photographs with the mobile phone. The prosecutrix raised alarm, but she was threatened to be killed. On return of other family members from the bus -stand, the prosecutrix narrated the incident to Sapna Devi, daughter - in -law of her mausi, but she did not take any action. On 11.04.20007, when the husband of the prosecutrix came to the house, he was informed by the prosecutrix about the incident and he took the prosecutrix to the house of his maternal uncle, but her husband consumed poison there and was saved with difficulty. Thereafter, they dislodged to village Raili, P.O. Raili Jajri and since then they resided there.

(3.) Consequent upon the statement of the prosecutrix, an FIR, Ex. PW -11/A, was reduced into writing. Inspector, Kamal Devi (PW -10) investigated the case and on 03.06.2009, moved application, Ex. PW -1/A, for medical examination of the prosecutrix and the same was conducted by PW -1, Dr. Archna Soni. Report to this extent is Ex. PW -1/B.