STATE OF HIMACHAL PRADESH Vs. AMIT KUMAR

JUDGEMENT

(1.) The present appeal has been filed by the State against Judgment dated 13.7.2012 rendered by the learned Sessions Judge, Bilaspur, HP, in Sessions Trial No. 09 of 2011, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offences under Sections 452, 376 and 506 IPC, and, Sec. 3 (1)(XI) of The Scheduled Castes & The Scheduled Tribes (Prevention of Atrocities) Act, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 23.3.2011, the prosecutrix (name withheld) wife of Kishori Lal came to Police Station, Barmana along with her husband and mother-in-law and lodged a report that her marriage was solemnised with Kishori Lal, resident of village Karot, about 9 years back ,according to Hindu rites. She had three children, two sons and one daughter. Daughter was six years old. Her house was situated at a lonely place. Her parents-in-law were residing at village Mugrani along with brother of her husband. On 22.3.2011 at about 8.30 AM, her husband had gone to see the Nalwari fair at Bilaspur and she was alone in her house with her children. She further stated that her husband did not return to his house till evening. She and her children took meals and went to sleep at 9.00 PM. During the intervening night of 22 and 23.3.2011 at about 1.10 AM, somebody knocked at the door of her house from outside. She thought that her husband might have come back from the fair. She went to open the door. As soon as she opened the door, she found accused standing there. He caught hold of her from her arms and twisted the same towards her back. She started crying. He gagged her mouth with another hand. She stated that the accused lifted her and brought her in a room and made her to lie on a big trunk (box). She tried to rescue herself and raised hue and cry but due to gagging of her mouth, she was helpless. Accused opened the string of her Salwar, committed rape upon her forcibly and ran away from the spot. She sustained injuries on her body and abrasions on her wrist, her bangles were also broken. She further stated that due to fear she closed the door from inside and sat in a room. Her daughter Shivani who had hidden herself in a corner of a room, told the prosecutrix that "Mami main dar gaye thi, maine socha ki mujhe bhi marein gay ". Thereafter, she slept in the bed with her children and asked her husband over telephone as to where he has reached. Her husband told that he had reached Jabal bridge and would reach the house in a while. She also mentioned that at 2.15 AM, her husband Kishori Lal reached home but she did not tell him about the incident during night. In the morning, she narrated whole incident to her husband and also told her mother-in-law Smt. Krishani Devi on telephone. She belonged to a Scheduled Caste and accused had committed rape on her after trespassing into her house during midnight. Prosecutrix was medically examined by Dr. Supriya Atwal vide MLC Ext. PW-11/A. Clothes of the prosecutrix were taken into possession. Site plan was also prepared. Accused was also medically examined. Case property was sent to FSL Gutkar through Constable Hussan Lal. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as fifteen witnesses to prove its case against the accused. Accused was also examined under Sec. 313 CrPC. He pleaded innocence. Trial Court acquitted the accused as noticed above. Hence, this appeal.