STATE OF H P Vs. AMRISH KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the learned Sessions Judge, Shimla, in sessions Trial No. 36-S/7 of 1991 decided on 18th December, 1993 whereby he has acquitted the accused of having committed offences punishable under Sections 376 and 506 of the Indian Penal Code.

(2.) THE prosecution case, which unfolded during the course of the trial, is that on 21-3-1991 in the evening, the prosecutrix left her school and came by bus to Summer Hill. Thereafter, she was walking down the path to her house in village Sangti. On the way she met the accused who enquired if she (the prosecutrix) had seen his dog. He then started walking with her and enquired her name, etc. When the accused and the prosecutrix had walked some portion on this path the accused pointed out another path to the prosecutrix and told her that his dog might have gone that way. He asked the prosecutrix to accompany him. Firstly, she refused to accompany him but later on she agreed on the insistence of the accused and since she could reach her house by this smaller path also. After the two had walked some distance. on this path leading to the university there was a diversion where the prosecutrix had to go down to her house. At this point, the accused forcibly took the prosecutrix towards some bushes. He got her clothes removed. He removed his own pants and thereafter raped the minor girl. She started crying. On hearing her cries, two boys Surinder PW-4 and Narinder PW-9 rushed to the spot. They saw the accused lying on top of the prosecutrix. But when he heard these two persons coming, he ran away from the spot. Thereafter, Narinder and surinder pacified the young girl who was crying. They asked her to wear her clothes and sent her home. Then they searched for the accused. While they were searching for the accused they met Rakesh Chauhan who joined them in the search. About an hour later they traced out the accused in the forest. Despite resistance by the accused they apprehended him and then took him towards the police station. On the way they met a police party and handed over the accused to the police party.

(3.) IN the meantime, the prosecutrix had gone home and informed her mother, PW-2 meera Shandil, about the incident. The father of the prosecutrix was at that time serving in district Kinnaur and was not at home. The mother then narrated the entire incident to her landlord Brahma Nand, PW-11, who advised her to report the matter to the police. Thereafter, the mother accompanied by the landlord and the prosecutrix went to the police station where she lodged the complaint Ext. PA. The prosecutrix was got medically examined and the police completed the investigation. Thereafter, challan was filed against the accused who pleaded not guilty and claimed trial. The prosecution examined as many as 12 witnesses. The case of the accused was of denial simpliciter and according to him a false case had been lodged against him at the instance of PW-4 Surinder and PW-9 Narinder because of some earlier rivalry. The learned Sessions Judge acquitted the accused. Hence, the present appeal.