STATE OF H.P. Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) Aggrieved by the judgment dated 24.09.2008 passed by learned Sessions Judge, Kullu in Session Trial No. 3 of 90/14 of 08, whereby the respondents Raghubir Singh, Hari Ram, Ravi Parkash, Sunil Kumar and Vijay Kumar (hereinafter referred as to 'accused No. 1 to 5') have been acquitted of the charge under Sec. 376(2) (g) of the Indian Penal Code framed against each of them.

(2.) The prosecution case as disclosed from the statement of the prosecutrix PW-5 (name withheld) recorded under Sec. 154 Cr.P.C shortly stated is that with the permission of her mother Nimo Devi (PW-6) on 8.7.1989, she had gone to purchase shoe in the market at Manali. While in the market, she visited 'star video' to see matinee show. In the video parlour, accused No. 5 (Vijay Kumar) was sitting next to her. He started developing intimacy with the prosecutrix and asked her to accompany him to have bath at Vashisth. Though she was reluctant to come out from the video parlour and accompany the said accused, however, on being persuaded by him, she left the parlour. She was taken by the accused to Vashisth mor, where he brought a jeep bearing HPY-70. The same was being driven by accused Munna and occupied by accused No. 3, Ravi Parkash. She was dragged inside the jeep and taken to Solang Nalla side. On the way, vehicle was stopped on road side and accused No. 5 caught hold her hand and took her on river bank behind a big boulder. He forcibly opened her salwar. She was made to lie down and thereby subjected her to sexual intercourse. After such ghastly act committed by accused No. 5, she got up and was about to move from that place, however, in the meanwhile, one more taxi arrived there and three persons accused No. 4 Sunil, one Bittu and Ninnu alighted therefrom. She was again made to lie down and they all also subjected her to sexual intercourse. She being frightened could not speak anything. At that very time, one Tikam Ram and Raghu Mahant also came there. Considering them that they are local persons, she accompanied them. Accused No. 5 and accused No. 4 accompanied by Bittu left for Manali from that place in a taxi. Aforesaid Tikam Ram, Raghu Mahant, Munna and accused No. 3 Ravi Parkash and Ninnu made her to board jeep No. HPY-70, which proceeded towards Manali side. They, however, made the jeep to stop on Kenchi Mor. Raghubir Mahant allegedly picked her up and brought out of the vehicle on the road and taking benefit of night hours and darkness, they all subjected her to sexual intercourse. It is accused Tikam who lastly subjected her to sexual intercourse. They all fled away by leaving her alone on the road. She any how or other could reach in her house at 11/100 mid night and revealed the entire episode to her mother. On the basis of statement Ext. P-g, FIR Ext. P-N was recorded against the accused persons under Sec. 376 of the Indian Penal Code.

(3.) The prosecutrix during the course of investigation has made the supplementary statement mark D-A. According to her she was reluctant to accompany accused No. 5 to Solang Nalla, however, on allurement made to her, accompanied him and when after being subjected by him forcibly to sexual intercourse, she was coming back from the place of occurrence, accused No. 4 accompanied by Bittu and Ninnu came there and they also caught hold her and taken behind the big boulder. There she was threatened by them with dire consequences and succeeded in opening her salwar. First it is accused No. 4 who had subjected her to sexual intercourse and thereafter his companion Ninnu and third person Bittu was in the process of making him prepared to assault her sexually, however, in the meanwhile, Raghu Mahant and Tikam Ram arrived there and, therefore, said Bittu on account of afraid of said persons, failed to do so. Said Raghu Mahant brought her to Solang Nalla where she had tea with him. Accused No. 5 and accused No. 4 fled away in vehicle No. HPY 885 towards Manali side. Ninnu, Ravi Parkash, accused No. 3 and Raghu Mahant after having tea occupied jeep No. HPY-70. She was also made to sit in the said jeep. The same was about to move, however, in the meanwhile, Chuni Lal, Pradhan of Barua also arrived there and said that he was also going to Bahang.