STATE OF H.P. Vs. YASH PAUL

JUDGEMENT

(1.) STATE has appealed against the judgment of the Sessions Court whereby the respondents, who were charged with and tried for offences under Sections 376 and 341 read with Section 34 of the Indian penal Code, stand acquitted.

(2.) PROSECUTION case, as per record, is as follows. A few families from tribal area of Kinnaur, who keep on moving from place to place to sell cumin (Zeera) and asafetida (Heeng) camp at Nalagarh for a long period of six years. They and their family members used to go to Whether reporters of the local papers may be allowed to see the judgment? different villages from Nalagarh to sell the aforesaid items in the morning and returned to the camp in the evening. On 17.8.1991 four minor girls of below sixteen years from those families, including the prosecutrix, went to village Kashmirpur and two-three adjoining villages in the morning to sell cumin and asafetida. Around 3.00 p.m. when they were returning to Nalagarh on foot, through the fields, the three respondents accosted them at a junction of two paths amidst the fields. The Prosecutrix among the four girls was the eldest. Respondent Yash Paul asked the girls, if they had sold their items. The girls replied in the affirmative. Gian Chand, respondent then asked Yash Paul to take the Prosecutrix towards the field and enjoy himself first. Yash Paul then caught hold of the Prosecutrix by her wrist and started pulling her towards a maize field. When the girl resisted the attempt, Yash Paul respondent shouted to Gian Chand that she was not agreeable and he should assist him in carrying her to the field. Then Gian Chand and Yash Paul forcibly carried the Prosecutrix to the maize field. Gian Chand, respondent caught hold of the Prosecutrix by her arms from behind while Yash Paul, respondent undressed her. The girl was laid in the field. Gian Chand kept her holding by her arms, while Yash Paul committed the act of sexual intercourse forcibly. Thereafter Gian Chand respondent committed sexual intercourse with the Prosecutrix. Gian Chand then went to the site where the remaining three girls were kept under the watchful eyes of the third respondent, namely Charan Dass alias Kala, respondent. Gian Chand kept guard on the three other girls so that they did not raise hue and cry, while Charan Dass alias Kala, respondent went to the maize field and he too committed sexual intercourse with the prosecutrix. Thereafter all the three respondents disappeared. The prosecutrix wore her clothes and went to the junction of two paths where her three companions were made to sit by the respondents. She went to them crying and on being asked by them, she told them that she had been ravished. The four girls then went to village Kashmirpur. All the villagers were present in a temple in connection with the performance of a 'Yajna'. The prosecutrix started crying on seeing the people and on being asked by some of them as to what had happened, she told them that she had been raped by the three respondents. She was advised by the villagers to go to the police station at Nalagarh and lodge the report. The girls then went straightway to the police station at Nalagarh. The prosecutrix lodged the FIR Ext. PA around 6.30 p.m. Police got her medically examined from PW-4 Dr. Anil Bhardwaj, who observed as follows:-

(3.) CHARAN Dass, respondent also did not have smegma under the prepuce and he too was opined to be capable of performing sexual intercourse.