STATE OF H P Vs. DHEERAJ KUMAR

JUDGEMENT

(1.) State of Himachal Pradesh is aggrieved by the judgment dated 22.4.2010 passed by learned Sessions Judge, Chamba (H.P).) in Sessions trial No. 26 of 2009 whereby the respondent (hereinafter referred to as the accused) has been acquitted of the charge under Sections 376/506 of the Indian Penal Code.

(2.) The complaint is that learned trial Court has failed to appreciate the evidence available on record in its right perspective and to the contrary based its findings on surmises and conjectures. Learned trial Court has allegedly erred in not placing reliance on the testimony of the prosecutrix who as per the prosecution version was taken by the accused to a 'Khandhar' (remains of a dilapidated building) and subjected to sexual intercourse against her will and without her consent. On her raising hue and cries the accused allegedly threatened her to done away with her life. Her testimony to this effect remained unshattered. The factum of there being no enmity of the complainant party with the accused, hence there was no reason of his false implication is also not taken into consideration. The impugned judgment, as such, has been sought to be quashed and set aside and the accused convicted of the offence he allegedly committed under Sec. 376 and 506 of the Indian Penal Code.

(3.) The present is a case where the prosecutrix (name withheld) at the time of occurrence was 19 years of age whereas the accused 20 years. They were resident of the same place i.e. Rajpura in the superb of Chamba town itself. It has been alleged that PW8 Saharo Begum Aunt (Bua) of the prosecutrix had cut grass in the Farm belonging to Horticulture department at Rajpura on 3.10.2008. The prosecutrix was deputed to bring grass to the house at 2:30 P.M. The accused came there around 3:30 P.M. He caught hold her arm and taken to a 'Khandhar' situated nearby. He subjected her to forcible sexual intercourse there. She raised hue and cries but he forced her to sit there. He threatened to kill her had she raised hue and cries and disclosed the occurrence to her parents. When it became little dark she was taken by him to his house and made to enter inside his room through a window. She was so frightened that could not even speak anything. During the night also, he subjected her to sexual intercourse forcibly at 4-5 occasions. On 4.10.2008 around 5:00 A.M. on finding the accused sleeping she came out through that very window and reached in her house. There she narrated the incident to her mother Smt. Gulzar Begum (PW1). She was brought by her mother to police station. She reported the manner in which she was subjected to sexual intercourse forcibly and the threats held out to her to the police.