STATE OF H.P. Vs. CHANE RAM AND ORS.

JUDGEMENT

(1.) STATE has filed this appeal against the judgment dated 21st January, 1997 of learned Sessions Court, whereby respondents, who were charged with and tried for offences, under Sections 147, 452, 323, 506, 363 and 376 of the Indian Penal Code, have been acquitted.

(2.) PROSECUTION case, as per record, may be stated thus. On the night intervening 29th and 30th December, 1993, a telephonic call was received at Police Station Manali that some quarrel was taking place at Nehru Kund. Upon receiving that call, ASI Gurdhian Singh accompanied by Constables Biri Singh and Suresh Kumar went to Nehru Kund, where one Chaitu made statement Ex. PW -11/A that he, a foreigner lady and a foreigner man had been living in the hut of one Kishan Dass for the last 8 -9 months and that on that night around 10 or 11 p.m., when he and the aforesaid two foreigners were present in the hut, 7 -8 persons came there and gave beatings to the foreigners and when he intervened, he too was pushed, as a result of which he fell on the ground. He also stated that both the foreigners ran away from the spot to escape the fury of assailants. Further, he informed that after some time he went to the hut of another person, named Langda Baba, and enquired about the foreigners, who told that 7 -8 persons had entered his hut forcibly, through the window, and dragged the foreigner lady towards the lower side.

(3.) INVESTIGATION further revealed that the respondents carried the foreigner lady in a taxi to a Guest House, known as Kismat Guest House, at Vashisht and there they committed the offence of rape.