PREM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This criminal revision petition has been filed against the judgment passed by the learned Sessions Judge, Kullu, H.P. 09.11.2006 whereby he affirmed the judgment passed by the learned Judicial Magistrate 1st Class, Manali, District Kullu, H.P. on 01.08.2005.

(2.) Brief facts of the case are that the complainant Smt. Dev Sena was under the period of mensuration w.e.f. 9.5.2004. As per the custom in the area a lady under such period does not enter Whet her t he r epor t er s of t he l ocal paper s may be al l owed t o see t he Judgment ? Yes. in the main house and also the kitchen at least for a period of three days and used to sleep in Khud (cow-shed). Thus on 10.5.2004 the . complainant as usual went to sleep in the 'Khud' situated in ground floor of the house after having her meals. Around 10.00 P.M. her husband came to the house and she heard him talking with other persons near stairs of the house and one of such persons with whom he was talking was recognised by her as Lot Ram, PW-4. The another person with her husband, however, could not be recognised by her. Her husband called her and she told him to go to the upper storey of the house and sleep there and also not to disturb the children and that now she is also sleeping. Thus, thereafter, she also went to her bed in the 'Khud'. It is in the following morning i.e. on 11.5.2004 around 3.00 a.m. someone pushed the door of the Khud which was not bolted from inside and opened it. Someone came inside and started molesting her. She thought that it is her husband, who had come under the influence of liquor and as such she asked as to what happened to him because he is not supposed to touch her when she is mensurating, but of no avail, and as such when she pushed that person she found cap having been worn by him on his head. On realizing that her husband does not wear cap, she switched on the light and found the petitioner sitting on her bed. She tried to detain him in the 'Khud' by bolting the door, however, unsuccessfully because the petitioner had pulled the door with force and as a result thereof her . right hand fingers got injured and the petitioner managed his escape by fleeing away from that place. Around 4.00 a.m. she informed her husband and brother-in-law (Jeth) Yub Raj, PW-3 qua this incident. They called PW-4 Lot Ram, member Gram Panchayat to the spot. PW-4 visited the spot. The prosecutrix accompanied by her husband and brother-in-law visited police station, Patlikuhal and lodged rapat No.4 Ext.PW-2/A there. The report was sent to Police Station, Manali where FIR No. 91/2004 under Sections 452 , 354 and 323 IPC Ext.PW-5/A was registered against the petitioner.

(3.) The investigation was conducted by PW-6 Bhim Sen, ASI and after completion thereof, challan was presented in the Court and the petitioner was made to stand trial for the aforesaid offences. The petitioner pleaded not guilty and claimed trial.