STATE OF HIMCHAL PRADESH Vs. SUMAN KUMAR @ FATTU

JUDGEMENT

(1.) The present appeal arises from the judgment passed by the Court of learned Additional Sessions Judge - II, Kangra at Dharamshala, District Kangra, H.P., in Sessions Trial No. 243/of 2013, dated 30.7.2015, acquitting the accused of the charge under Section 376 of the Indian Penal Code.

(2.) Brief facts of the prosecution story are that on 9.8.2012, an application was forwarded to the Police Station, Jawalamukhi by the Pradhan, Gram Panchayat, Dhanot, on the basis of which FIR No.137/2012 dated 9.8.2012 under Section 376 of the Indian Penal Code, was registered against the accused. This application was moved by the villagers of Villages Panjiara, Jatehar and Adhwani to Gram Panchayat on the allegations that on

(3.) 8.2012, accused Suman Kumar under the influence of liquor committed rape with a mentally ill woman in the broad day light in a field abutting to the road and the same was witnessed by the School going children. The application was forwarded by the Gram Panchayat, Dhanot to Police Station, Jawalamukhi and on its basis, formal F.I.R. was registered against the accused and the investigation was taken up by Sub Inspector Shankar Singh. During the investigation, eye witnesses Ankush Sharma, Nishant Sharma and Sukesh Thakur gave demarcation of the spot in the presence of Nirmala Devi, the Pradhan Gram Panchayat, Dhanot, prosecutrix and her husband Janak, the spot was photographed and videographed. The prosecutrix was got medically examined at Zonal Hospital, Dharamshala and her Medico Legal Certificate was procured with the observation that final opinion will be given after F.S.L. report, gynecological opinion and psychiatric evaluation, as such, the prosecutrix was admitted in the Psychiatric Ward at Dr. R.P.G.M.C. Tanda. Vide Psychiatric report, the prosecutrix was found to be suffering from schizophrenia. The accused was arrested on 10.8.2012 and during investigation, he got recovered his Trousers and T -shirt, which were preserved for chemical examination. The blood of the prosecutrix and accused was also preserved for DNA Profiling and was sent to F.S.L., Junga. On receipt of F.S.L. reports, final opinion was sought from the Medical Officer on the Medico Legal Certificate of the prosecutrix. The Investigating Officer prepared the site plan and recorded the statements of the witnesses. 3. We have heard the learned counsel for the parties and have gone through the record in detail.