STATE OF HIMACHAL PRADESH Vs. SIKANDER

JUDGEMENT

(1.) State has appealed against the judgment dated 19.5.2012, passed by learned Sessions Judge, Solan, Camp at Nalagarh, District Solan, Himachal Pradesh, in Sessions Trial No. 5 -NL/7 of 2009, titled as State of Himachal Pradesh v/s. Sikander, challenging the acquittal of respondent Sikander (hereinafter referred to as the accused), who stands charged for having committed offences, punishable under the provisions of Ss. 376 & 506 of the Indian Penal Code.

(2.) It is the case of prosecution that in the month of February, 2008, accused had come home on leave. Sometime in the month of February, accused subjected the prosecutrix to sexual intercourse in Peer Baba Dargah, falling in the jurisdiction of Police Station, Nalagarh, District Solan, Himachal Pradesh. Allegedly, the accused had allured the prosecutrix by making false promise of marriage. On such assurances, prosecutrix was again subjected to sexual intercourse in the month of March and last such act took place on 6.3.2008. Lateron accused resiled from his promise, as a result of which prosecutrix decided to commit suicide and jumped into water well, situate in the village, wherefrom she was rescued by Het Ram (PW -1), to whom she narrated the incident. She also narrated the incident to her father Ram Saran (PW -4), who got the meeting of Gram Panchayat convened, wherein though the accused admitted his guilt, but refused to marry the prosecutrix. Resultantly, the matter was brought to the notice of the police. Investigation was conducted by Inspector Dharam Singh (PW -13), who pursuant to FIR No. 66, dated 18.3.2008 (Ex. PW -3/A) took into possession incriminating documents and material. 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.

(3.) Accused was charged for having committed offences punishable under the provisions of Ss. 376 and 506 of the Indian Penal Code, to which he did not plead guilty and claimed trial.