(1.) THIS appeal by the State is directed against the Judgment dated 24.12.1998 delivered by the Learned Sessions Judge, Solan in Sessions Trial No. 6 -S/7 of 1996 whereby he acquitted the accused of having committed an offence punishable under Section 376 of the Indian Penal Code.
(2.) THE prosecution case, in brief, is that on 10.5.1995, the prosecutrix who was aged just about 13 years was present at her home alongwith her minor sister aged 11 years and two younger brothers aged 9 and 7 years. Her cousin, Kanshi Ram (PW/7) was also present in the house. Her parents were not at home as they had gone to attend a religious ceremony 'Jagrata' in village Barog. The prosecutrix was preparing the evening meals. The accused Rattan Lal came and helped her in preparing the meal. They all took their meals and thereafter, accused Rattan Lal, the prosecutrix and Kanshi Ram went to sleep in the courtyard of the house. At about 11.00 p.m, the accused gagged the mouth of the prosecutrix and dragged her by her arm to a field known as 'Chouthi Bhagti'. He broke the string of her salwar and thereafter, raped her. The prosecutrix raised an alarm and on hearing her cries, her cousin Kanshi Ram (PW/7) and her younger sister came to the field and caught hold of the accused. PW/7 brought the accused to the house. The prosecutrix came back to her house from the field alongwith her younger sister. Next day, i.e., on 11.5.1995 the prosecutrix lodged the report Ext.PW1/A with ASI Dhani Ram (PW/12) at village Neri Kalan. This report was sent to the Police Station, Parwanoo and on the basis of this report, FIR Ext.PW3/A was recorded by Inspector Kishori Lal, PW/3.
(3.) THE prosecutrix appeared as PW/1. She has fully supported the case of the prosecution. However, there are some material improvements. According to her, when they came home from the field, she and her sister Krishna raised an alarm by crying loudly and on hearing their cries, PW/6, Sheesh Ram came from the nearby house. Thereafter, Sheesh Ram went to village Barog in the night itself and returned with the mother of the prosecutrix at 8.00 a.m next morning. Thereafter, she was taken to the police where her statement was recorded.