STATE OF HIMACHAL PRADESH Vs. SHAM LAL

JUDGEMENT

(1.) By way of this appeal, State has challenged the judgment passed by the Court of learned Special Court Una, in SCST Case No. 5-VII/2013 decided on 07.01.2015, vide which, learned Court below while convicting the respondent/accused for commission of offence punishable under Section 363 of Indian Penal Code, has acquitted him for commission of offences punishable under Section 6 of Protection of Children from Sexual Offences Act, Sections 366, 376(2), 506(I) of Indian Penal Code and Section 3(2) of SCST Act.

(2.) The case of the prosecution in brief was that on 18.10.2013 victim (PW-1), whose age was 15 years, lodged a complaint Ext. PW1/A at Police Station, Haroli, in which it was mentioned that she belongs to scheduled caste community and was a student of +1 class in Government Girls S.S.S. Santokhgarh, District Una, Himachal Pradesh. As per the victim, accused Sham Lal used to harass her on her way to school and back to her house and in the month of August while she was coming to her house from Santokhgargh after attending her class, accused took her to a room at Tahliwal and made her drink a bottle of slice cold drink. According to the victim, accused had taken her to the said place on his motorcycle under threat. After consuming cold drink she became unconscious and regained her conscious after 2-3 hours. As she found accused lying alongwith her, she raised hue and cry as the accused had outrage her modesty. However, accused told her not to do so, otherwise it may bring bad name to the victim. According to the victim, accused started blackmailing her and he started calling her to meet him alone. When she refused to do so, accused threatened to kill her and her family members. Again on 10.09.2013 accused took her to the same room at Tahliwal. At the said place, accused played the recorded conversation of the victim and he again committed sexual intercourse with her. Accused threatened her that in case she reported the matter then he will make public her recordings. Further, according to the victim, on 15.10.2013 at around 4.00 P.M., when she and her sister were alone at their house, accused alongwith one boy came there and threatened her, upon which she raised alarm. On this, public gathered there. However, in the meanwhile accused fled away. She also reported to the police that she apprehended danger to her life from the accused as the accused had threatened her to do away with her life on the phone. It was further stated by the victim that the accused had threatened her that as they belong to lower caste, they cannot cause any harm to him. Victim had narrated all these facts to her mother and she came to the Police Station alongwith her parents and Pradhan Kanwar Krishan Rana. Further, as per the prosecution on the basis of the said complaint FIR Ext. PW19/A was registered at Police Station Haroli and victim was got medically examined. Investigation was carried out and accused was arrested and was also got medically examined. Statement of the victim was also recorded under Section 164 Cr.P.C. before learned JMIC(1), Una. The mobile phone as well as motorcycle were taken in possession. Investigation revealed that the accused had destroyed the recordings of the voice of the victim. Birth certificate of the victim Ext. PW8/A demonstrated that her date of birth was 06.09.1998.

(3.) After completion of the investigation, challan was presented in the Court and as a prima facie case was found against the accused, accordingly, he was charged for commission of offences punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012, hereinafter referred to as POCSO Act and Sections 366, 376(2), 506(I) of Indian Penal Code and Section 3(2)(V) of SCST Act , to which he pleaded not guilty and claimed trial.