STATE OF HIMACHAL PRADESH Vs. PRAKASH CHAND

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Additional Sessions Judge (II), Mandi, Camp at Sarkaghat, in Trial Reg. No. 503 of 2013, dated 25.02.2015, vide which, learned Trial Court acquitted the present respondent for commission of offences punishable under Section 376 (2) N and 506 of Indian Penal Code (in short 'IPC').

(2.) The case of the prosecution in brief was that on 17.06.2013, prosecutrix (PW1), filed an application to SHO Police Station Sarkaghat to the effect that she was wife of PW3 Ramesh Kumar and their marriage was solemnized six years ago and they have a male child about four years old. As per prosecutrix, she was suffering from some unknown disease and she was taking treatment at Gutkar, however, despite said treatment, she was not able to get any relief. Further as per prosecutrix, her sister PW6 Reenu and her mother-in-law came to their house to inquire about her well being and they informed her that one 'Chela', namely, Prakash Chand, used to treat ailments like the one prosecutrix was suffering from. On the recommendation of her sister and her mother-in-law, she (prosecutrix) along with her in-laws went to house of Prakash 'Chela', where said 'Chela' (hereinafter referred to as 'accused') gave her some water to drink and after consuming the same, the prosecutrix started vomiting. Further as per the prosecutrix, accused disclosed to her that she was having 'big beer' inside her and advised her to come empty stomach for the purpose of 'Chowki' and not to consume oily food and also not to visit her relatives. As per prosecutrix, she attended 'Chowki' as per advice of the accused, who thereafter disclosed to her that there was something in their house which had to be removed. On said pretext, accused came to house of the prosecutrix and removed one 'mouli' from her bed. Further as per prosecutrix, during night time, he gave her some water to drink and committed sexual intercourse with her against her wish and also threatened her with dire consequences if she disclosed this fact to anyone. As per the prosecutrix, accused and her husband were sleeping in one room, however, after her husband went to sleep, accused came to her. Further as per prosecutrix, on 11.06.2013, accused again came to her in-laws' house and during night, he again gave her some water to drink and during that night, he again raped her against her wish. Thereafter on 106.2013, accused again came to her in-laws house and gave her some water to drink and at about 12 'O' Clock midnight, he shifted her under intoxication and took her in his vehicle. When the vehicle reached near Kandror bridge, prosecutrix gained consciousness and asked accused that she wanted to meet her son. Accused threatened her and forcibly took her to Chandigarh. Entire day, he kept her inside the vehicle and on next day, at about 1:00 a.m., he left her near the house of her parents at village Pantehara, Tehsil Ghumarwin, District Bilaspur.

(3.) On the basis of said application by the prosecutrix, FIR Ext. PW15/A was registered in Police Station Sarkaghat on 17.06.201 Investigation was assigned by Superintendent of Police, Mandi to PW11 Inspector Kamla Ghai, who moved an application for the medical examination of the prosecutrix. Thereafter, statement of prosecutrix was recorded under Section 164 of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'). During the course of investigation, places where accused had sexually molested the prosecutrix were got identified by her and site plan was accordingly prepared on the disclosure of prosecutrix. Thereafter file for further investigation was handed over to SHO, PS Sarkaghat as per the order of Superintendent of Police, Mandi. Matter was further investigated by PW12 ASI Jagdish Kumar, Incharge, Police Post Hatli. The Investigating Officer prepared site plan Ext. PW12/B with regard to the occurrence at place Kandrour. Vehicle in issue bearing registration No. HP-24- 2075 was taken into possession and the accused was also got medically examined.