STATE Vs. ARJUN SINGH

JUDGEMENT

(1.) State is aggrieved of the acquittal earned by Arjun Singh S/o Paras Ram R/o Smailpur, Tehsil & District Samba (for brevity 'accused') vide impugned judgment dated 30.09.2014 of learned Principal Sessions Judge, Kathua in case FIR No.138/2011 registered in Police Station Bari Brahmana for the offence under Section 376 RPC, therefore, Cr. Acq. Appeal No.21/2005.

(2.) As per the prosecution, on 15.10.2011 one Vinod Kumar S/o Ram Kirpal R/o Smailpur, Tehsil and District Samba along with his wife lodged an oral complaint with Police Station Bari Brahmana alleging therein that on that day at about 5.30 a.m., his wife had gone out to defecate in the nearby bushes, where Arjun Singh S/o Paras Ram R/o Smailpur, Tehsil & District Samba was hidden, who caught hold of his wife and forcibly committed rape on her and also forcibly snatched away her ear rings. She returned home weeping and narrated about the entire incident to him. He told about the incident to the Sarpanch and other respectable of the village. Upon this oral complaint a case FIR No.138/2011 under Sections 376/382 RPC registered and investigation commenced. During the course of investigation, visited the spot, a site plan prepared, one washed Salwar seized, however, did not sent the same to FSL for chemical examination. The prosecutrix also subjected to medical examination and medical report also collected. The accused also subjected to medical examination in order to ascertain as to whether he is capable to commit sexual intercourse and his medical report also collected. The statement of the prosecutrix under Section 164-A Cr.P.C. got recorded. The statements of other prosecution witnesses also recorded under Section 161 Cr.P.C. The contents of the charge sheet read over and explained to the accused, however, he pleaded not guilty and claimed to be tried.

(3.) The resume of the prosecution evidence is as under:-