STATE OF HIMACHAL PRADESH Vs. RAJ KUMAR

JUDGEMENT

(1.) THE instant appeal has been directed by the State, feeling aggrieved and dis-satisfied with the judgment of acquittal passed by learned Sessions Judge under Section 376 and 451 of the Indian Penal Code in Sessions Trial No. 3 of 1991 decided on 25-11-1991.

(2.) THE factual matrix of the case, is that an FIR Exhibit PW7/A was registered by the prosecutrix on 11.4.1988 in Police Station, Jawalamukhi alleging that :

(3.) IN the opinion of the Doctor, the prosecutrix is habituated to sexual intercourse. Her Medico Legal Certificate is Exhibit PW2/B. The police visited the spot, prepared the site plan Exhibit PW16/A and recorded the statements of the witnesses. The respondent Raj Kumar was arrested on 16.4.1988 and the Police got him medically examined. His Medico legal certificate is Exhibit PW2/A. The Doctor found various injuries on his body including the injury on his ankle. There is also a reference in his M.L.C. that he was already examined by the said Doctor on his request and his report was handed over to one Shri Sat Pal of village Karlu Kotla on 11.4.1988. The salwar of the prosecutrix and underwear of the respondent Raj Kumar were also taken into possession and sent for chemical analysis but the report of the chemical analyst Exhibit PX shows neither the blood nor the semen stains on any of the exhibits aforesaid. After completing the investigation, challan was presented in the Court for trial for the above offences against both the respondents.