STATE OF HIMACHAL PRADESH Vs. MOHAMMED ASLAM ALIAS BABLU

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 1st November, 2006, passed in Sessions Trial No.4-NL/7 of 2004 by learned Additional Sessions Judge, Solan, Himachal Pradesh, acquitting the accused/respondent of the offences under Sections 376 and 506 of the Indian Penal Code, in reference to FIR No.182 of 2002, dated 31st December, 2002. Whether reporters of the local papers may be allowed to see the judgment?

(2.) PROSECUTION case in brief is that the victim- prosecutrix (name withheld) (appeared as PW-1 in Court), has lodged FIR No.182 of 2002 dated 31st December, 2002, that the accused-respondent is distantly related to her. On 31st December, 2002 at about 3 p.m., she was given Rs. 20/- by the accused to purchase cheese from the market and for that purpose she proceeded to the market, however, she was followed by the accused who took her to the house of other person, where two other persons were already present. The accused asked those two persons to go outside so that he may have some private talk with PW-1. Thereafter, accused forcibly tried to open the trousers of the prosecutrix, however, she escaped and ran away to purchase cheese from the market and returned to her house. Again at about 6 p.m., on the same day, accused came to the house of PW-1 and asked her to accompany him, as he intended to discuss something with her. On persuasion by her mother, PW-1 accompanied the accused to the house of PW-3 Smt. Vimla, however, on way at a lonely place she was sexually assaulted, where she became unconscious and after regaining consciousness she went to the house of Smt. Vimla, where she again became unconscious and when she regained consciousness, she narrated the incident to her mother (PW-2 Smt. Prem) and PW-3 Smt. Vimla, who were present there. The prosecutrix was taken to the Police Station, where FIR Ex. PA was lodged. After medical examination of the prosecutrix and completion of the investigation, challan was presented in the Court for trial, and the accused was charged for the aforesaid offences.

(3.) ON scrutiny of prosecution witnesses and material on record, we notice that PW-1 was medically examined by PW-6 Dr. Geet Gupta, who opined that there was no evidence of sexual intercourse and accordingly PW-6 issued MLC Ex. PW-6/B.