Mahesh Bhagwati, J. - (1.) This criminal appeal has been preferred against the judgment dated 15th October, 1997 passed by the Sessions Judge, Alwar whereby, the accused -respondent Hoshiyar Singh has been acquitted in the offences under Ss. 376, 341 and 323 of the Indian Penal Code. The accused -respondent Hoshiyar Singh is alleged to have caught hold the prosecutrix PW -2 Smt. Mohini Kaur on 28th September, 1995 at 7:00 pm and dragged her to the house of Inder Singh which was lying in a dilapidated condition. It has been further alleged that the accused Hoshiyar Singh threatened her with knife, made her to lie on the ground, penetrated his penile in her vagina and thus committed rape upon her. He torn the shirt from the breast. Having heard her screams, Sunita PW -3 and other persons of her village came there and thereafter he ran away. The police, which registered the case Ex. P/4 on the verbal report of Smt. Mohini Kaur, prepared the site plan along with the description memo Ex. P/1, seized the cloths of Smt. Mohini Kaur, which she was wearing at the time of occurrence vide memo Ex. P/2, recovered the broken pieces of bangles from the site of occurrence vide memo Ex. P/3, got her medically examined, arrested the accused Hoshiyar Singh vide memo Ex. P/5 and after usual investigation submitted the charge -sheet before the concerned Magistrate having jurisdiction.
(2.) Heard the arguments of Shri B.K. Sharma, learned Public Prosecutor appearing for the State as also Shri N.A. Naqvi, Advocate appearing for the accused -respondent considered the submissions made at the bar and perused the impugned judgment of the lower court along with the prosecution evidence and relevant material available on record.
(3.) Shri B.K. Sharma, learned Public Prosecutor appearing for the State has simply contended that the learned trial court has not properly appreciated the medical report and has acquitted the accused -respondent merely on the ground of minor contradictions having occurred in the statements of the prosecution witnesses. Shri B.K. Sharma, has further argued that PW -2 Smt. Mohini Kaur, the prosecutrix of the case has duly supported the contents of the FIR Ex. P/4 and there is no reason to jettison her testimony. It is also argued by Mr. B.K. Sharma that PW -3 Sunita is a witness, who having heard the screams coming from nearby reached at the spot and found the accused Hoshiyar Singh lying upon Smt. Mohini Kaur who later on told her that the accused Hoshiyar Singh had committed rape upon her. PW -3 Sunita has corroborated the testimony of the prosecutrix and there is no reason to disbelieve their statements. The alleged offences are well proved beyond reasonable doubt against the accused -respondent and lower court's judgment is not found to be in accordance with the law and facts which deserves to be set aside. Shri N.A. Naqvi, learned counsel appearing for the accused -respondent has drawn my attention to the findings of the lower court arrived at the judgment and vehemently argued that if the evidence of PW -2 Smt. Mohini Kaur and PW -3 Sunita are scrutinized and scanned in totality, they will discharge an impression of their being totally misplaced and concocted. It is also argued that Smt. Mohini Kaur has deposed in cross -examination that during the sexual intercourse of 20 minutes, she sustained injuries on her buttocks, thighs and at the back but these injuries have not been found to have appeared by the doctor P -4 Dr. Amar Singh Rathore during her medical examination. Thus the testimony of PW -2 Smt. Mohini Kaur does not stand duly corroborated by the medical evidence too. So far as the PW -3 Sunita is concerned, she is said to have resided in Delhi. She has not furnished any explanation of her being in Alwar on the date of occurrence. Her statements are not reliable and deserves to be jettisoned outrightly. Mr. N.A. Naqvi has prayed that the judgment of the lower court is perfectly just and proper and based on prosecution evidence appearing on record which calls for no interference and State appeal should be dismissed.;