STATE OF H P Vs. MANGAL DASS

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of Ld. Additional Sessions Judge, Shimla, dated 24.6.1994, vide which the respondent was acquitted of the charge framed against him under Sections 376, 354 and 341 I.P.C.

(2.) The prosecution story in brief is that on 14.6.1990 one 'K', name not mentioned, filed a written complaint before Incharge, Police Chowki, Anni. In the said complaint, the complainant had alleged that she was of the age of 15 and was studying in 6th class in Senior Secondary School. On 11.6.1990, she was accompanied by her friend named 'P' who was studying in the 8th class in the same school and when they were coming back from the school, the respondent followed them. The respondent asked the complainant and her friend to be his guests and they refused, but he forcibly snatched the school bag of 'P' and took the same to his house and thereafter, in the evening he left the same in the fields near her house. It was further alleged that on the second day when both the complainant and her friend were going to the school, the respondent came out of bushes and caught hold of them and stated that they will not go to school today. Her friend picked up the stone to give beatings to the respondent, who snatched the stone and proclaimed that in case they made noise, he will kill both of them with a knife. Thereafter, the respondent directed both of them to go towards a place and took them to a cave (Gufa) and proclaimed that in case they raised an alarm and attempted to leave the place, he will kill them. It was further alleged that the respondent kept on doing the indescent acts with them and when it became dark he stated that they cannot go back today. Thereafter, she told her friend that her bag was lying outside at some distance and when she went outside the cave, the respondent committed rape with her. The complainant's friend came back and the respondent gave her tooth bites on her cheeks, pressed her breast and wanted to do forcible sexual act, but did not succeed and also attempted to tear her salwar. It was further alleged by the complainant that on the next day, the father of the complainant and her friend came in search of them and the respondent ran away on seeing them. She and her friend wanted to commit suicide, but they were caught hold of by their fathers, who brought them back. It was also alleged that the respondent was working as a JBT teacher in some other school and was staying in the house since January. On this report, a case was registered and after investigation, the challan was filed in the Court of learned Sub Divisional Judicial Magistrate, Rampur Bushahr, who committed the case to the Court of learned Sessions Judge, who assigned the case to the learned trial Court, who tried the respondent as detailed above, leading to his acquittal.

(3.) We have heard the learned Counsel for the parties and have gone through the record of the case.