STATE OF H. P. Vs. DINA NATH

JUDGEMENT

(1.) THE respondent was tried and acquitted for the offences under Section 376 and 341 of the Indian Penal Code for having allegedly committed the offence of rape of the prosecutrix who was aged about ten years at the time of the alleged occurrence.

(2.) IN brief, the prosecution case can be stated thus: On 15-6-1990 at about 8.00 P.M., the prosecutrix had gone to ease herself in the field nearby. On her way back to her house she met the respondent. He caught hold of her, gagged her mouth, lifted and laid down her on the ground near the Chuhli tree. Thereafter, he removed her salwar and committed sexual intercourse forcibly on account of which the prosecutrix got fainted. The respondent ran away from the spot. After regaining the consciousness, she put on her salwar and came to the house. She did not make any complaint Whether reporters of the Local papers are allowed to see the judgment? Yes. to her mother Nanki due to the threatening given by the respondent. But on the third day, i.e, 17.6.1990, when the pain kept on persisting in her private part, she disclosed it to her mother Nanki Devi. Her mother revealed it to her son Datta (PW), sent for his father (PW6) who had gone to village Thunag. The entire story was narrated to him. On 19.6.1990 PW6 went to the Police Station Ratti at about 2.00 P.M. and lodged the report Ex. PD. Thereafter the Police visited the house of the complainant and took the prosecutrix for medical examination to District Hospital, Mandi where she was examined by PW2 Dr. R.P. Malhotra. It was disclosed to the Doctor that her mouth was gagged and she was raped two days back. She had taken bath and changed her clothes.

(3.) FOR verification of the skeletal age, she was referred for radiological examination, which was conducted by Dr. S.K. Malhotra (PW1). On the basis of the epiphysis of bones, the Doctor opined her age between nine to twelve years ( Ex. PA).