STATE OF HIMACHAL PRADESH Vs. MAKHAN SINGH

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Sessions Judge, Solan in Session Trial Court No. 2NL/7 of 2010 dated 19.11.2011 vide which, learned trial court has acquitted the accused for commission of offences punishable under Sections 363, 366-A, 376 and 506 of the Indian Penal Code (in short "IPC").

(2.) The case of the prosecution was that on 19.8.2009 victim accompanied by her father and aunt (sister of her father) reported at Police Station, Nalagarh that she was learning tailoring for the last 03 months at Tailoring Centre Gulabpura and used to proceed to the said place from her house at around 9:30 a.m and return back after 2:30 p.m. On 18.8.2009 she went to the Centre along with her cousin Taro Devi by bus at 10:30 a.m as she was late and when she reached bus stop Gulabpura at around 2:30 p.m. on her way back to her house a Qualis vehicle bearing registration No. HP-12-C-0370 which was being driven by Makhan Singh (hereinafter referred to as "the accused") came. Accused stopped the said vehicle in front of her and told her that since he was going towards Naina Devi he could give lift to her. Further as per prosecution, accused was known to the victim as she had earlier also come in the said vehicle along with his (accused) mother to the Centre from her house, therefore, she took lift in the vehicle of accused. As per prosecution when she reached at Soban Majra, the vehicle was taken by accused towards Jogon side and when victim asked as to where he (accused) was taking the vehicle, accused threatened her and asked her to keep quite. Victim remained in the vehicle out of fear and she was forcibly taken in the vehicle to Swarghat and Naina Devi. On Naina Devi road, accused stopped the vehicle at a secluded place and started behaving indecently but victim did not come out from the vehicle because it was a secluded place. Thereafter victim was taken by accused to Naina Devi and there in the room of a hotel accused committed bad act with her against her consent and will, by threatening her with dire consequences. Next day, victim was brought by accused in his vehicle from Naina Devi and left her at Bharatgarh from where she came by bus to the house of her Bua, (father's sister) Smt. Kuldeep Kaur, where she changed her clothes, took wash and disclosed the entire incident to her Bua to the effect that accused had taken her to Naina Devi and had committed bad act against her consent. Further as per prosecution after registration of FIR, medical examination of the victim was conducted and opinion of the doctor was taken and as per opinion of the doctor there was nothing to suggest that the victim was not subjected to sexual intercourse. Birth certificate of the victim was obtained from Gram Panchayat and certificate of matriculation examination was also obtained, as per which her date of birth was found as 16.2.1992, thus on the date of incident of the occurrence, victim was found to be the age of 17 years and 6 months. The clothes worn by victim were taken into possession. Victim identified the places of occurrence and bed sheet from the bed in the room of Mayur Guest House, Naina Devi i.e. Room No. 111. On 18.8.2009, the vehicle along with documents was also taken into possession. Accused was got medically examined. Report of SFSL opined detecting of human semen over the bed sheet.

(3.) After completion of investigation, challan was filed and as a prima facie case was found against the accused, he was charged for commission of offences punishable under Sections 363, 366-A, 376 and 506 IPC, to which accused pleaded not guilty and claimed trial.