2025:HHC:46479-DB

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Cr. A. No. 361/2015

Reserved on: 16.12.2025

Decided on: 31.1.2.2025

State of Himachal Pradesh …..Appellant

Versus

Lal Singh ….Respondent ______________________________________________________________

Coram:

The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

The Hon’ble Mr. Justice Romesh Verma, Judge.

Whether approved for reporting?1

For the Appellant: Mr. Raj Negi, Dy. Advocate General.

For the Respondent: Mr. R.M. Bisht, Advocate.

Romesh Verma, Judge

The present appeal arises out of judgment of

acquittal, as passed by the learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr, dated 25.3.2015, whereby the accused/respondent has been acquitted in case FIR No. 149/2013, dated 10.9.2013, registered at Police Station Rampur Bushahr, District Shimla, under Sections 376 and 506

1Whether reporters of the local papers may be allowed to see the judgment? Yes.

of the Indian Penal Code (for short, “IPC”) & Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, “SC & ST Act”).

2 The story, as projected by the prosecuti.on, is that on 10.9.2013, the prosecutrix along with her brother-in-law and sister-in-law went to the Police station and submitted a report that on 10.9.2013, at abouto 3.00 P.M., the prosecutrix along with her 1 ½ years old dau ghter had gone to cut grass in the field near Kitgari Nallah. Her husband had gone to Rohroo for the past one month during apple season, where he was working as laboourer and she was residing with her mother-in- law at home. At about 3.30/4.00 P.M., when she was cutting grass, beneath the path in the Kitgari Nallah, the respondent, Lahl Singh came from the above side and asked her is there anyone in the house and she replied that no one is at home. Thereafter, he caught hold of the prosecutrix from her arm and pushed her, as a result of which she fell on the ground. She started crying and the accused opened her headscarf (Dhatu) and tied her mouth with it. Thereafter, he committed wrong act with her. She stated that in order to save herself, she tried to resist, however the accused caught hold of her both the arms and committed wrong act with her for about 10- 15 minutes. Thereafter, he threatened her that in case she informed about the incident to anyone in that event she shall be killed. Thereafter, she went to her house and narrated the incident to her mother-in-law PW3 Sodhu Devi. She also informed about the occurrence to her sister-in-law., Anita. In the evening, her brother-in-law, PW10 Pyare Lal came to the house and the prosecutrix also narrated the incident to him. On the basis of the aforesaid statemoent of the prosecutrix, FIR No. 149/2013 dated 10.9.2013 came to be registered against the respondent under Sections 376, 506 I.P.C. and Section

13(1)(xii) of the SC & ST Act.

3 Thereoafter, the prosecutrix was medically examined at MGMSC, Khaneri on 11.9.2013 by PW1 Dr. Anupam Gupta. The clothes of the prosecutrix were preserved along with her puhbic hair, vaginal slides and vaginal swabs. The cloths and the samples after being sealed were handed over to the police for chemical and forensic examination.

4 On 13.9.2013, the police visited the spot along with prosecutrix and got identified the spot where the alleged offence was committed. The respondent was arrested and he was also subjected to medical examination. The police also recovered 'Darati' and 'Dhatu' from the spot. The photographs were taken and videography was also conducted during investigation. The statements of witnesses were recorded as per their respective version. Spot map was prepared and the forensic report from FSL, Junga was also obtained.

5 After completion of the investigation, final report under Section 173 of the Code of Criminal Procedure., 1973 was filed in the Court and on finding a prima facie case, the respondent was charged for commission of offences punishable under Sections 376, 506 IPC and Soection