STATE OF HP Vs. BIJA RAM

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, in reference to judgment dated 1.6.2000 passed by learned Sessions Judge, Shimla in S. Tr. No. 12-S/7 of 1999, thereby acquitting the respondent/accused for the offence under Section 376 of IPC.

(2.) The prosecution case is that the victim (since expired), aged about 19 years used to reside in a Dogri (out house) in the area of village Manalag along with her husband Mohan Singh. On 2.10.1997, her husband went to work as a labourer for one Nikka Ram at latter's house, situated at a distance of about 300 yards Whether the reporters of the local papers maybe allowed to see the judgment? from the out house, where she used to reside with her husband. She herself went to a field situated just in front of her out house to mow grass. Around 12 noon when she was busy in cutting the grass, the accused appeared from somewhere in drunken state, snatched the scythe from the hands of victim-deceased and threw the same into a nearby field and after holding her arms with one of his hands and after breaking the string of her salwar with the other hand, sexually assaulted the victim-deceased, however, while doing such sexual assault on the victim-deceased, accused caused tooth bite injuries on her cheeks and breast, she cried for help. Her husband, who was working at the house of Nikka Ram came running. On seeing him, the accused ran away. After being chased, accused picked up stones and shouted that better to take care of his wife rather to run after him and in that respect FIR No. 128/97 was lodged and the victim-deceased was also medically examined on 4.10.1997 The victim-deceased was found used to sexual intercourse and was also found delivered a child about a month back. After investigation, accused was charged for the aforesaid offence and the case was committed to the Session court. 2. In order to prove its case, prosecution has examined as many as eight witnesses, whereas through his statement, under section 313 Cr.PC, accused denied the prosecution case.

(3.) Material witnesses are PW-1 Mohan Singh, the husband of the victim-deceased, PW-2 Daulat Ram, the father-in- law of the victim-deceased, PW-8 Dr. Shyam Lal Chauhan, who conducted the medico legal examination of victim-deceased and PW-6 Daya Ram, HC, who conducted the main investigation of the case.