STATE OF H.P. Vs. BANSI LAL

JUDGEMENT

(1.) STATE has appealed against the judgment, dated 19th April, 1994, of Sessions Court, whereby respondent Bansi Lal, who was charged with and tried for offence, under Section 376 of the Indian Penal Code, has been acquitted.

(2.) PROSECUTION case, as it emerges from the evidence on record, is like this. On 3rd August, 1992, a 4 1/2 years old daughter of PW -1 Pyas Mani, accompanied by her younger sister, aged about two years, went to Balwari School, situated at a distance of half a kilometer from her home. The daughters of PW -1 Pyas Mani left the house around 9 a.m. Around 12.30 p.m., PW -1 Pyas Mani went to fetch water from a public tap, situated close to a point where two paths cross each other. When she was a little away from the tap, she saw the respondent mounted on some child. At that time he was not wearing his pants. PW -1 Pyas Mani went to the spot and saw that the child was her own daughter, aged about 4 1/2 years, who earlier, in the morning, had gone to Balwari School, in the company of her younger sister. On seeing Pyas Mani approaching, respondent wore his pants and took to heels. PW -1 Pyas Mani picked up her daughter and noticed that she had blood on and around her vagina. The girl was crying. She brought her home and narrated the incident to PW -2 Thakuru Devi, her sister -in -law, who alone was at home at that time. Husband of PW -1 Pyas Mani had gone to work as mason. After about half an hour, PW -1 Pyas Mani took her daughter to the Police Post at Sangla and lodged report, which was entered in the Rojnamcha. Copy of the entry is Ex. PW -1/A. The girl was got medically examined by the police from PW -9 Dr. Brij Sharma. Doctor noticed an abrasion on the medial side of thigh. He also noticed tenderness and redness of vulva. Clotted blood was also noticed on the margin of labia majora. Case was formally registered vide FIR Ex. PW -5/A, on the basis of report, copy Ex. PW -1/A, lodged by PW -1 Pyas Mani, at the Police Post.

(3.) ON completion of investigation, challan was filed against the respondent in the Court of concerned Judicial Magistrate, who, after complying with the requirement of Section 207 of the Code of Criminal Procedure, committed the case to the Sessions Court.