STATE OF HIMACHAL PRADESH Vs. CHAIN SINGH

JUDGEMENT

(1.) APPELLANT State has preferred this appeal, against the judgment of the Sessions Court, whereby the respondent, who was tried for offences punishable under Section 376, 323 and 506, I.P.C., has been acquitted.

(2.) ALLEGATIONS which were made against the respondent may be noticed. On 14 -9 -1991, a group of women, including the prosecutrix, and men from village Pukhru in Bhattiyat Tehsil of Chamba District, went to see a fair at some place in the adjoining District of Kangra. In the evening, the prosecutrix, who was examined as PW3, accompanied by five ladies named Kalasho, Seema, Billo, Sunni Devi and Pushpa and the respondent and his Chacha Magzi Ram, started back for the village from the site of the fair. On the way, respondent consumed liquor at a place called Manghiana. Around 8.30 P.M, the companion ladies of the prosecutrix, left the prosecutrix behind by a few yards. The respondent, who was following the women, started making vulgar utterances. He caught hold of the prosecutrix by her arm and dragged her towards the grassy land. On hearing the vulgar utterings of the respondent, other ladies started moving faster. The respondent then committed rape on the prosecutrix. After some time, one of the companion ladies of the prosecutrix, named Billo, accompanied by her father -in -law Manak reached the grassy land where the prosecutrix had been raped. The respondent, even after having committed the sexual intercourse with the prosecutrix, was still lying on her and pressing her breasts, when said Billo accompanied by her father -in -law reached the spot. On seeing the above -named two witnesses, Billo and Manak, the respondent ran away. Prosecutrix wore her salwar and went to her village in the company of the said Billo and her father -in -law Manak. When the respondent dragged the prosecutrix to the grassy land and with intent to commit rape used force against her, the prosecutrix put up resistance and in that process, her bangles got broken and the shirt also got unstitched at one of the sleeves. Next day, the prosecutrix went to Police Post Sihunta and lodged a report (Copy Exhibit -PD). The prosecutrix was got medically examined. Following seven injuries were noticed on her person by Dr. Joti Pathania (PW1) who conducted the medical examination:

(3.) DURING the course of investigation, the clothes of the prosecutrix were taken into possession. Her shirt was found to be unstitched at one sleeve. Her clothes were sent to the Chemical Examiner, who found human semen on her salwar. The slide of vaginal smear was also sent to the Chemical Examiner, human semen was found in that smear also. On the completion of the investigation, the respondent was challaned.