STATE OF HIMACHAL PRADESH Vs. SANJIV KUMAR

JUDGEMENT

(1.) By way of this appeal, appellant/State has challenged the judgment passed by the Court of learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr, in Sessions Trial No. 0100053/2010, dated 22.03.2013, vide which, learned Trial Court acquitted the present respondent (hereinafter referred to as =accused') for commission of offences punishable under Section 376 and 417 of Indian Penal Code (in short =IPC').

(2.) The case of the prosecution in brief was that prosecutrix, who was studying in 10th class, came in contact with the accused who fell in love with her. Prosecutrix also out of ignorance started loving the accused who allured her to marry her and also established physical relations with her on this pretext. As per prosecution, accused established physical relations with prosecutrix on the pretext of marriage and he also made her to run from her house and thereafter solemnized marriage with her at Hattu temple in the absence of Pandit and relatives. Further the case of the prosecution was that after the marriage, accused brought the prosecutrix to Shimla where she was kept in a rented house at Sanjauli/Dhalli for about three months and thereafter she was taken to village Hutli where accused owned some land. Prosecutrix was kept there for some time and when prosecutrix asked the accused to take her to his parental house, he told her that firstly he would go alone and thereafter will take her after ensuring that everything was settled. However, later on prosecutrix was informed by accused that his parents had refused to accept her in their house and he had to marry somewhere else. From village Hutli, when prosecutrix went to house of accused, he threatened to kill her with a sword. On this, prosecutrix went to Police Station, Kumarsain where she was told to file case in the Court. When the parents of prosecutrix came to know that she was pregnant, they refused to keep her in their house and asked her to live with the accused. In the meantime, she went to house of her maternal uncle at Shimla who also refused to keep her when he came to know that she was pregnant. Prosecutrix gave birth to a child at Rippon Hospital, Shimla on 28.06.2009. As per prosecution case, accused even refused to own newly born child and at that time, he asked/advised her to put the child in orphanage. In this background, prosecutrix registered the case against the accused.

(3.) After registration of the case, prosecutrix was medically examined at D.D.U, Shimla. On 21.07.2009, she got demarcated the place where she was kept by accused at Dhalli and on 22.07.2009, she got the spot map of the place prepared where she was kept at village Hutli. On 10.08.2009, accused was got medically examined, blood samples of accused, prosecutrix and newly born child were taken for the purpose of DNA test. Report obtained suggested that accused was the biological father of the child.