State of H.P. vs Chane Ram and Others

Surjit Singh, J.—State has filed this appeal against the judgment dated 21st January, 1997 of learned Sessions Court, whereby respondents, who were charged with and tried for offences, under Sections 147, 452, 323, 506, 363 and 376 of the Indian Penal Code, have been acquitted.

Prosecution case, as per record, may be stated thus. On the night intervening 29th and 30th December, 1993, a telephonic call was received at Police Station Manali that some quarrel was taking place at Nehru Kund. Upon receiving that call, ASI Gurdhian Singh accompanied by Constables Biri Singh and Suresh Kumar went to Nehru Kund, where one Chaitu made statement Ex. PW-11/A that he, a foreigner lady and a foreigner man had been living in the hut of one Kishan Dass for the last 8-9 months and that on that night around 10 or 11 p.m., when he and the aforesaid two foreigners were present in the hut, 7-8 persons came there and gave beatings to the foreigners and when he intervened, he too was pushed, as a result of which he fell on the ground. He also stated that both the foreigners ran away from the spot to escape the fury of assailants. Further, he informed that after some time he went to the hut of another person, named Langda Baba, and enquired about the foreigners, who told that 7-8 persons had entered his hut forcibly, through the window, and dragged the foreigner lady towards the lower side.

On the basis of the aforesaid statement, case was formally registered vide FIR Ex. PW-11/B. Next day, the foreigner lady went to Police Station Manali and reported that she had been abducted by 7-8 persons and subjected to rape by some of them. Police got the lady medically examined. She had suffered injuries on her person. Her pubic hair was matted. Respondents were arrested. They were also got medically examined. Their medical examination showed that there was nothing indicating that they were incapable of performing sexual intercourse.

Investigation further revealed that the respondents carried the foreigner lady in a taxi to a Guest House, known as Kismat Guest House, at Vashisht and there they committed the offence of rape.

Respondents were challaned. Case was committed by the concerned Judicial Magistrate to the Sessions Court. Respondents were charged with the aforesaid offences. They pleaded not guilty. So, they were put on trial.

Prosecution could not produce the prosecutrix and her foreigner male companion. It examined 18 witnesses, including the police officials and the doctors, to prove its case. Respondents in their statement, u/s 313 of the Code of Criminal Procedure, denied their involvement. Trial Court acquitted the respondents, holding that there was no evidence on record, connecting the respondents with the alleged crime.

We have heard the learned Assistant Advocate General and gone through the record. Nobody has put in appearance on behalf of the respondents.

We have gone through the entire evidence. None of the witnesses examined by the prosecution has said anything suggesting that the respondents or anyone of them was involved in the commission of the crime. Prosecutrix had not been examined. Chaitu Ram, who made statement Ex. PW-11/A, was also not examined.

In view of the abovestated position, we see no merit in the appeal. The same is, therefore, dismissed.