STATE OF HIMACHAL PRADESH Vs. ROSHAN LAL

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Additional Sessions Judge, Mandi in Sessions Trial No. 14 of 2011 dated 19.3.2013, vide which learned trial court has acquitted the accused who was charged for commission of offences punishable under Sections 452, 376 read with Section 511 of the Indian Penal Code (in short 'IPC').

(2.) The case of the prosecution in brief was that on 24.11.2010 one Rajiv Kumar informed Police Post, Dharampur that one Roshan Lal (accused) had entered the house of his mother-in-law at Kumharda with bad intent and had tried to sexually molest her. On the basis of said information, Rapat No. 11 was lodged and Head Constable Jagdish Chand along with other police officials reached the spot (Upper Kumharda). There he recorded the statement of prosecutrix under Section 154 of Cr.P.C. who stated that her husband had performed second marriage and her children were already married and she used to reside separately. Further as per the prosecutrix on 24.11.2010 at around 6:00 a.m. while she was sleeping in her bedroom, accused after removing the planks of roof of her house entered inside the room while she was in deep sleep. After entering her room accused forcibly caught hold of the prosecutrix and disclosed to her that he was "Roshan Lal" and she should not raise any noise. The prosecutrix somehow rescued herself from the clutches of accused and reached near the door and switched on the light and saw that accused was completely undressed. When she raised cries, accused caught hold of her from her mouth and gagged her and also laid her on the floor, in which process the shirt of the prosecutrix was also torn. Further as per the prosecutrix she somehow managed to escape herself from the accused and came outside the room and bolted the door of the said room from outside. On hearing her noise, Gulabi Devi reached the spot to whom she narrated the entire incident. Thereafter Ward Panch Ram Saran and Pradhan Gram Panchayat Sanjay Kumar were also informed who reached the spot. In the meanwhile, accused had also bolted the door from inside. Thereafter accused managed to fled away from the roof of the house from where he had entered the room. Further as per the prosecutrix accused was seen by Gauri Prasad, Indira Devi and other persons while he was fleeing away from the spot. Accused earlier also used to do such activities with the prosecutrix. When her husband came back she narrated the entire incident to him and thereafter police was informed.

(3.) On the basis of said information FIR No. 342 of 2010 under Sections 452, 376 and 511 of IPC was registered at Police Station Sarkaghat. After the registration of FIR, investigation was carried out, in the course of which spot map was prepared, photographs of the spot were taken and shirt of the prosecutrix was also taken into possession. Prosecutrix refused to get herself medically examined, as a result of which she could not be subjected to medical examination. The statements of witnesses were recorded. Accused was arrested but later on released on bail.