STATE OF HIMACHAL PRADESH Vs. SUBHAN DEEN

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 10.4.2000, accused were put to trial. In terms of judgment dated 3.6.2002 passed by the learned Sessions Judge, Chamba 16/5/2014 Page 61 Usha Sharma Versus State Of H.P. Division, Chamba, H.P., in Sessions Case No. 28 of 2000, titled as State of H.P. V/s. Subhan Deen and Anr., accused stand acquitted of the charged offences.

(2.) ACCORDING to the prosecution, on 10.4.2000 prosecutrix (PW -1) was sleeping with her daughters Kumari Shamim Begum (PW -7) and Amina in her house in village Kanda, Pargana Tissa, Tehsil Churah, District Chamba. On that day her husband was not at home. At about 10.00 p.m. accused forcibly entered her house by breaking open the latch of the door. They physically dragged, assaulted and forcibly raped the prosecutrix. She cried for help but none came forward. The accused also tore her clothes. In the morning when her husband Sh. Dilo Ram (PW -2) returned she narrated the incident to him, who along with her came to Chamba and contacted their Advocate Sh. V/s. V. Mahajan (PW -6), who got complaint (Ext. PA) typed and presented it before the Court of Chief Judicial Magistrate, Chamba who in turn forwarded the same to S.H.O. Police Station, Tissa on 11.4.2000 itself for investigation. Based on the same F.I.R. No. 21 of 2000 (Ext. PG) was registered at Police Station, Tissa on 19.4.2000. Investigation was carried out by S.H.O. Jagdish Chand (PW -8) who recorded the statements of the parties, got the prosecutrix medically examined through Dr. Sneh Lata (PW -9) and after investigation of the case, presented challan in the Court for trial.

(3.) IN order to prove its case prosecution examined nine witnesses and the statements of the accused under Section 313 Cr. P.C. were also recorded, in which accused took up the defence of false implication and animosity. In their support they also examined two witnesses. The trial Court acquitted the accused of the charged offences. Hence the present appeal.