STATE OF H.P. Vs. SHASHI PAL

JUDGEMENT

(1.) State aggrieved by the judgment of acquittal passed by the learned Additional Sessions Judge (II), Kangra at Dharamshala, Distt. Kangra, H.P. in Sessions Trial No. 44 of 2011, on 07.05.2012 , whereby the respondent has been acquitted of the offences punishable under Sections 376 and 506 of the Indian Penal Code, has filed the instant appeal.

(2.) The prosecution story, in brief, is that the prosecutrix was studying in 10+1 in KFC School Model Town, Pathankot. On 22.08.2009, at 2:00 p.m., when the prosecutrix coming from her school was called by her aunt as her aunt was unwell. The respondent was also present there when the aunt of the prosecutrix asked her to clean utensils. It was alleged that respondent took the prosecutrix inside the room and committed forcible sexual intercourse with her. The respondent had been promising the prosecutrix to marry her and under this pretext he had been committing sexual intercourse with her for the past quite some time. After committing sexual intercourse with the prosecutrix, the respondent threatened her to do away with her life and also beat her. The prosecutrix narrated the occurrence to her mother and consequently the matter was reported to the police and the FIR was registered. The medical examinations of the prosecutrix as well as the respondent were got conducted by the police.

(3.) During investigation, the clothes, vaginal slide and pubic hair etc. were sent to chemical examination. The birth certificate of the prosecutrix was obtained from the school. The spot map of the place where the respondent alleged to have committed the offence was prepared. The police also recovered one bed-sheet and took photographs of the room, which was got identified from the respondent.