- (1.) This appeal against acquittal arises out of the following facts : At about 10.00 A.M. on August 11, 1991, Mohini Devi (PW-6) wife of Mohan Singh (PW-7) went to the Raghunath Temple in Hamida Colony, Yamunanagar where she met the accused, who was working as a Pujari. She showed her palm to the accused and asked him to opine as to why her husband, who was driver of a three-wheeler, was running into a loss. The accused, however, told her to sit outside the temple door and thereafter caught hold of her by hand and dragged her inside the room and raped her and despite an alarm raised by her no body came forward to help her. She was then turned out of the room. She then returned to her house situated near the Balmiki Temple in Hamida Colony but did not give the information to her husband till August 13, 1991, on which she along with her husband went to the Police Post situated in the colony and made her statement (Exh. PG) to ASI Ram Kumar (PW-8) and on its basis, the F.I.R. was registered at Police Station City, Yamunanagar at 10.35 P.M. on August 13, 1991. ASI Ram Kumar thereafter took up the investigation and sent Mohini Devi to the hospital for her medical examination, which was duly conducted by Dr. C.K. Shukla (PW-4). The accused was arrested on August 14, 1991 and was also medico-legally examined by Dr. Ashok Kumar Gupta (PW-1), who vide his report (Exh. PA) found the accused capable of performing sexual intercourse. on the completion of the investigation, the accused was charged for an offence punishable under Section 376 of the Indian Penal Code and as he pleaded not guilty was brought to trial.
(2.) In support of its case, the prosecution examined inter alia, PW-1 Dr. Ashok Kumar Gupta; PW-4 Dr. C.K. Shukla; PW - 6 Mohini Devi, the prosecutrix; and PW - 7 Mohan Singh, the husband of the prosecutrix. Certain affidavits constituting the links evidence were also tendered in evidence.
(3.) The prosecution case was then put to the accused and his statement recorded under Section 313 of the Code of Criminal Procedure. He denied the allegations and pleaded false implication. He also moved an application for his medical examination to ascertain as to whether he was in fact impotent. This application was allowed and a direction was issued that he be examined in Civil Hospital, Yamunanagar but it appears that the examination was not carried out on account of some procedural difficulty.;