STATE OF H.P. Vs. RAJAK MOHAMMAD

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment passed by learned Additional Sessions Judge Solan HP in Session Trial No. 5 -NL/7 of 2007/2004 titled State of HP Vs. Rajak Mohammad decided on 12.3.2008.

(2.) BRIEF facts of the case as alleged by prosecution are that on dated 13.8.2003 at about 9 PM co -accused Rajak Mohammad along with co -accused Vinod @ Negi kidnapped the prosecutrix in a truck bearing registration No.HP -11 -3361 from Baner. It is alleged by prosecution that truck bearing registration No. HP -11 -3361 was owned by PW 4 Lok Pal and driven by PW 2 Om Parkash. It is further alleged by prosecution that truck was taken to Kullu and thereafter truck was abandoned at Kullu and co -accused Rajak Mohammad asked cleaner PW 19 Tilak Raj to take truck back. It is further alleged by prosecution that co -accused Rajak Mohammad kidnapped prosecutrix and committed sexual intercourse with her while on way to Kullu. It is further alleged by prosecution that thereafter co -accused Rajak Mohammad kept prosecutrix in a house at Kullu for 3/4 days and thereafter prosecutrix was took to different destinations and finally prosecutrix was recovered from the house of the sister of co -accused Rajak Mohammad at village Anand Ghat post office Jhanduta District Bilaspur and recovery memo Ext. PW 3/A was prepared. It is further alleged by prosecution that age of the prosecutrix was fifteen years as per school certificate placed on record. It is further alleged by prosecution that prosecutrix was medically examined by PW 16 Dr. Sarita Agnihotri and as per MLC Ext. PW 16/B sexual intercourse was committed. It is further alleged by prosecution that as per MLC Ext. PW 15/B co -accused Rajak Mohammad was capable to perform sexual intercourse. It is further alleged by prosecution that FIR Ext. PW 10/A was recorded and thereafter T -shirt and underwear of co -accused Rajak Mohammad took into possession vide seizure memo. It is further alleged by prosecution that spot map Ext. PW 18/A was prepared. It is further alleged by prosecution that as per report of chemical analyst human semen were found upon underwear Ext. P5. It is further alleged by prosecution that disclosure statement of co -accused Rajak Mohammad was recorded and accused located the place of occurrence near Pandoh District Mandi HP where co -accused Rajak Mohammad has committed sexual intercourse with prosecutrix. Charge was framed by learned Additional Sessions Judge Solan HP against co -accused Rajak Mohammad under Sections 363, 366 and 376 I.P.C. Accused Rajak Mohammad did not plead guilty and claimed trial.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: -