STATE OF HIMACHAL PRADESH Vs. MANGO RAM

JUDGEMENT

(1.) This appeal has been filed by the State of Himachal Pradesh against the acquittal of the accused for the offence under Section 376 I.P.C. The respondent-accused was tried by the Court of Sessions Judge, Chamba Division of Himachal Pradesh alleging that he committed rape of a girl aged 13 years.

(2.) The prosecution case is that the prosecutrix was the eldest daughter of Jagia Ram. Jagia Ram is a small agriculturist residing with his wife Smt. Pinji and children in a village by name Kuthed. He is a native of neighboring village Bhadhad. The accused is his brother-in-law being the brother of his wife, Smt. Pinji. The accused was aged about 17 years and was the student of VIIIth standard during the relevant time. On 17-4-1993, Smt. Pinji asked her daughter to go to village Bhadhad and get the plough kept in the house of Jagia Ram. Prosecutrix left for Bhadhad at about 6.00 p.m. on 17-4-1993. Accused also accompanied the prosecutrix. When she entered her father's house at Bhadhad to get the plough, accused followed her and when she reached the cow-shed, she was caught by the accused from behind. Prosecutrix tried to extricate herself from him but she was over-powered by the accused and was made to lie on the floor of the cow-shed. The accused then untied the knot of her salwar and lifted it down and thereafter, committed sexual act. There was bleeding from her private part. The prosecutrix returned home immediately and told her father Jagia Ram about the incident. Jagia Ram went to PW 8, Sh. Devi Chand, Pradhan of the Gram Panchayat of the area who, in turn, advised to lodge a complaint to the police. Jagia Ram reported the matter to the police. As the prosecutrix was having a severe pain and uncomfort, she did not accompany her father to the police station.

(3.) The police registered the case and investigation was commenced. Prosecutrix was subjected to medical examination by the PW 2, Dr. Veena Sehgal. The accused was arrested and PW 1, Dr. Hemant Sharma examined him. Police visited the place of ocurrence and recovered a blood stained piece of cloth. The salwar and kameez worn by the prosecutrix at the time of the occurrence were also recovered in the course of investigation, the police collected a family history book which indicated the age of the prosecutrix and the accused.