STATE OF H.P. Vs. KAMLA NAND

JUDGEMENT

(1.) STATE has appealed against the judgment of trial Court whereby the respondents, who were charged with and tried for offences punishable under Section 366 read with Section 34, Section 376, 506 and 109 read with Section 366 of the Indian Penal Code, have been acquitted.

(2.) A case was registered against the respondents, on the basis of complaint, Exhibit PA, lodged by the prosecutrix with Judicial Magistrate Ist Class, Rohru. In the complaint, which is dated 13-12-1990, it was alleged that five-six months back, respondent No.1 Kamla Nand started visiting the prosecutrix parents' place in the absence of her parents and alluring her that he would marry her and that he being a rich man, she would had a happy and comfortable life. The prosecutrix, who was a minor at that time, (around seventeen years of age) fell prey to the rosy picture painted by respondent No.1 and allowed him to have physical relations Whether reporters of the Local papers are allowed to see the judgment? Yes. with her. Prosecutrix became pregnant because of the coitus with respondent No.1. Thereafter, she asked him to fulfill his promise of marrying her but he started dilly-dallying. It was also stated in the complaint that respondent Kamla Nand was introduced to the prosecutrix by the respondent No.2 Ishwar Singh, who also assured her that Kamla Nand respondent No.1 was a rich man and would be marrying her. When the respondent No.1 after coming to know about the pregnancy of the prosecutrix, gave the indications of ditching the prosecutrix, the latter approached the respondent No.2 Ishwar Singh, who brought her to Shimla where the respondent No.1 was employed those days. These two respondents kept her in different Hotels at Shimla for about seven-eight days and both of them had been having sexual intercourse with her by threatening/blackmailing her. Then the two respondents started compelling the prosecutrix to get the pregnancy terminated. She was not ready for this, so one day on getting a chance, she escaped from the Hotel and went to her parents' house. A few days thereafter, respondents No.3 and 4 reached the house of the prosecutrix and started threatening her that in case she did not get the pregnancy terminated, she would be killed.

(3.) REASONS recorded by the trial Court for acquitting the respondents are that the testimony of the prosecutrix does not inspire confidence and also it is not corroborated by other witnesses, including her father, brother and sister-in-law. Trial Court also observed that from the facts and circumstances of the case it appeared that the prosecutrix was consenting party to the alleged acts of intercourse.