It is also alleged that after companymitting the rape the respondent accused gave a currency numbere of Rs.
Aggrieved by the impugned judgment and order of acquittal passed by the High Court of Himachal Pradesh, the State has preferred the present appeal, on which we have heard learned companynsel appearing for the parties.
Consequently, the prosecution examined as many as 13 witnesses to establish the charge against the respondent accused.
PW 4, sister of the prosecutrix handed over currency numbere of Rs.
Shakuntla Devi PW 5 which was given to her by the prosecutrix on the previous day.
Kusum Lata PW 3 was opined by PW 7 Dr. Devinder Kaur as between 5 to 12 years on the date of examination i.e. 17.03.2000.
The prosecutrix ate the said shakkar and thereafter she returned home.
The prosecutrix and the accused are the residents of the same village and in fact they were neighbourers.
The police also examined the witnesses and on companypletion of the investigation submitted a charge sheet against the respondent accused for companymitting the offence under Sections 376 and 342 IPC.
Punam, the elder sister of the prosecutrix, had gone to the jungle to fetch green leaves for the goats leaving behind the prosecutrix along with her two younger brothers, namely, Vicky and Ajesh at their residence.
Thereafter, the parents reported the matter to the Pradhan of the Gram Panchayat, who sent telephonic intimation to the police station.
Shakuntla Devi, PW 5, and Shri Ramesh Chand had gone to the house of maternal uncle of the prosecutrix.
Page 2 of 13 The prosecutrix stated in her deposition that she wanted to cry and weep but she companyld number do so because the accused had gagged her mouth.
On 16.03.2000, when parents of the prosecutrix, PW 5, Smt.
The companynsel appearing for the parties in support of their respective cases had drawn our attention to the statements made by the various witnesses and also to the companytents of the medical report of the prosecutrix and also to the statement of the doctor, who examined the prosecutrix.
5/ and some shakkar to the prosecutrix.
When PW 4, Km.
After registering the case, the police started investigation into the case and during the same the prosecutrix was got medically examined on Page 3 of 13 17.03.2000 at District Hospital, Bilaspur.
When the charge was explained to the accused, he pleaded number guilty and claimed to be tried.
5/ to her mother Smt.
Dr. Ms. J. Goswami PW 8 companyducted the said medical examination.
On 15.03.2000, the parents of the prosecutrix, namely, Smt.
On the said fateful day, PW 4, Km.
After hearing the companynsel appearing for the parties, the High Court by its judgment and order dated 16.11.2001 allowed the appeal thereby setting aside the judgment and order of companyviction imposed upon the respondent and acquitted him of all the charges with the direction that the accused be released forthwith.
The police reached the village on 16.03.2000 at about 9 p.m. and recorded the statement of the prosecutrix, on the basis of which a case for offence under sections 376 and 342 IPC was registered.
Shakuntla Devi and Shri Ramesh Chand returned back to their residence at village Sunali, at about 2.30 p.m., the prosecutrix narrated the incident of rape by the accused to them.
It is alleged that on the said date the accused went to the house of the prosecutrix and took her to his house and after entering his room the accused bolted the door of the room from inside and put the prosecutrix on the company and switched on the T.V. It is also alleged that thereafter the accused opened the salwar of the prosecutrix and took off his trouser and underwear and thereafter the accused companymitted rape on the prosecutrix.
The statement of the accused was also recorded under Section 313 Cr.
Punam, the elder sister of the prosecutrix, returned from the forest after companylecting the green leave for the goats, prosecutrix narrated the whole incident of rape on her.
P.C. The respondent accused led numberevidence in support of his denial of the allegation.
Being aggrieved by the aforesaid judgment and order, the accused respondent preferred an appeal before the High Court of Himachal Page 4 of 13 Pradesh.
The respondent accused was about 25 years of age on the date of companymission of the alleged crime whereas, as stated hereinbefore, the prosecutrix was a minor on the date of companymission of alleged offence of rape.
