STATE OF HIMACHAL PRADESH Vs. SURESH KUMAR

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Additional Sessions Judge, Fast Track Court, Shimla, Himachal Pradesh in Sessions Trial Court No. 7-S/7 of 2008, dated 22.08.2008 vide which, learned trial court has acquitted the accused for the commission of offences punishable under Sections 363, 376 and 506(II) of the Indian Penal Code (in short 'IPC').

(2.) Briefly, the facts of the case are that on 13th March, 2008, at 1.15 AM the prosecutrix (PW-1) accompanied by her brother Shri Anil Kumar and step mother Smt. Santosh Devi went to Police Post, Sarswati Nagar. There the former (prosecutrix) got entered daily diary report No.17 averring therein that she is a resident of village Kuddu. She is studying in the 8th class in Government High School, Kuddu. On 12.3.2008 around 7.00 AM, she (prosecutrix) had gone from her house to their field. The said filed is below the road. Shri Suresh Kumar (accused) is familiar to her. He was standing on the road. She knows the accused as he keeps on visiting the house of his mama (maternal uncle) in village Kuddu. Spotting her, the accused asked her to come to the road. She inquired from the accused as to why he is calling her. On this the accused threatened that he has some work with her. Then, she went to the road. The accused started talking to her and took her at some distance from the road. Thereafter, the accused asked her to accompany him. She refused to do so. On this, the accused caught hold of her right arm and started pulling her towards the jungle. She raised the alarm, but in vain. The accused proclaimed that in case she cries for help, he will kill her. The accused took her at a lonely place in Sanail Jungle away from the road by catching hold of her arm. In the jungle, the accused made her to lie down and then put himself upon her. She started crying. The accused gagged her mouth with his hand and threatened that in case she raises hue and cry, he will do away with her life. She became panicky due to the fear of the accused. The accused then opened the string of her salwar inspite of her protest and had the sexual intercourse with her forcibly. After that the accused took her to his house in village Banpur against her will via the jungle. They reached the house of the accused at about 12 noon. None was there in the house of the accused at that time. The accused took her to a room of his house and had the coitus for the second time with her against her wish.

(3.) Thereafter, the accused made her to sit on the cot and went away to cook the food. The accused then served the meals to her. At about 8.00 PM her (complainant's) elder brother Shri Anil Kumar and Chacha (uncle) Shri Deepan Lal reached the house of the accused while searching for her. Seeing them she started weeping. She narrated the incident to her brother and uncle who brought her with them to village Kuddu. At Kuddu, the entire episode was divulged by her in front of her step mother Smt. Santosh Devi. Her (PW-1's) natural mother Smt. Bimla Devi was not there in the house as she (Bimla) had gone to the house of her brother etc. Nerwa on 10.03.2008. Her (PW-1's) father is serving as a driver in the Forest Corporation and posted at Nahan.