STATE OF HIMACHAL PRADESH Vs. PARAS RAM
LAWS(HPH)-1997-11-1
HIGH COURT OF HIMACHAL PRADESH
Decided on November 13,1997

STATE OF HIMACHAL PRADESH Appellant
VERSUS
PARAS RAM Respondents


Cited Judgements :-

AMEER CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2001-11-34] [REFERRED TO]


JUDGEMENT

Surinder Sarup, J. - (1.)This appeal by the State has been filed against the judgment of acquittal recorded by the Court of Shri Surjit Singh. Sessions Judge, Mandi, Kullu and Lahaul Spiti Districts. Camp at Kullu dated 20-2-1990 whereby he has acquitted the respondent of the charge under Section 376/511. IPC.
(2.)The prosecution case is that on 18-9-1989, at about 11.00 a.m. the respondent was present in his house in village Kuthachi. Radha, aged about 6 years and her companion Indira, aged about 9 years were playing adjacent to his house at that time. He called Radha inside on the pretext of giving her an apple. When she went inside he made her lie down on his bed removed her Salwar and took off his own clothes and then mounted on her. A lady by the name of Sumitra aged about 18 years who was washing clothes at the water tap installed in front of the house of the respondent noticed the respondent committing the act through the window. She informed one Man Singh who also saw the respondent committing the alleged offence. When he realised that he had been noticed by these two persons he brought the girl outside and asked Sumitra to take her to her own house. Sumitra asked Indira to take Radha to her house. When she reached there she narrated the incident to her step mother Guli Devi (PW 4), who immediately called her husband, who had gone to work in the fields. When he came there she told him the details of the incident as given to her by Radha. He went to the Pradhan of the panchayat on the same day. The Pradhan tried to call the respondent to answer to the charge but when he did not appear for so many days he advised Pune Ram the father of the victim to lodge a report with the police. Thus on 25-9-1989, Pune Ram in the company of his wife and daughter Radha lodged a report which was recorded in the daily diary kept at the Police Station. On the basis of that report a case was registered vide FIR No. 60 of 1989.
(3.)During investigation the girl was medically examined and it was noticed that she had marks of healed up abrasions and swelling of her vagina which indicated that she had been sexually assaulted. The respondent was also got medically examined whereby it was found that he was physically fit to perform sexual act. The police took into possession the Salwar of the girl bed sheet the shirt and trouser and a pillow cover and sent them to the Chemical Examiner for his report. As per his report the pillow cover and the trouser of the respondent and the Payjama of the girl had spermatozoa on them and bed sheet shirt and pillow cover of the respondent and the Payjama of the girl had blood stains.


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