STATE OF H.P. Vs. TARA CHAND

JUDGEMENT

(1.) THE respondents were tried and acquitted by the learned trial Court of the offence of rape committed on the minor prosecutrix, aged about 13 years, punishable under Section 376 of the Indian Penal Code, which has been assailed by the State in this appeal.

(2.) IN short, the prosecution case, as emerges from the prosecution witnesses is that on 24.3.1991, the prosecutrix had gone to Raffo jungle alongwith Kanti Kumari (PW7) to collect the fuel -wood. While returning with the load of fuel - wood on their back, around about 3/4 p.m., they felt tired and sat on the side of the path to take rest. After resting for a while when the prosecutrix was again picking up the fuel -wood, the respondents suddenly appeared from behind the boulders. The respondent Tara Chand pushed her and caught hold of her hands. The prosecutrix started crying. She was thrown on the ground and Tara Chand aforesaid told Kanti Kumari (PW7) to leave the place, lest she would also meet the same fate. Kanti Kumari went away and concealed herself behind a boulder. Jehar Singh respondent is alleged to have caught hold the hands of the prosecutrix. Tara Chand broke the string of her Salwar and committed rape, thereafter Jehar Singh committed rape on her while Tara Chand gagged her mouth. The prosecutrix was crying and sustained injuries on her person while resisting the sexual assault. Yash Pal (PW11) and Raj Kumar (PW8) labourers, were passers by and got attracted by her cries. They went to the spot and saw from a distance that respondent Tara Chand was lying on the prosecutrix and Jehar Singh was standing nearby. When they went nearer, on seeing them the respondents ran towards the jungle. Yash Paul and Raj Kumar brought the prosecutrix and Kanti Kumari to the village. She revealed everything, regarding the incident, to her brother Subir Dass (PW12). Next morning i.e. on 25.3.1991, she alongwith her brother, went to the police station and Subir Dass lodged the FIR Ex. PW10/A. The police got the prosecutrix medically examined, on 26.3.1991 from Dr. (Mrs.) Usha Bhardwaj, (PW18), M.D., Referral Hospital, Rampur on her medical examination the following injuries were found on the prosecutrix:

(3.) THE Doctor sealed her Salwar Ex.P1, which was sent for the forensic examination. The forensic science expert vide his report Ex.PP found the semen stains on it.