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Showing contexts for: breasts in __________________________________________________________ vs State Of Himachal Pradesh on 3 August, 2017Matching Fragments
r It has further come in the prosecution story that on 17.08.2015, around 06:30 a.m., when the prosecutrix was sleeping in her house, the accused pressed her breasts, thus he committed sexual assault upon the prosecutrix. The father of the prosecutrix, by medium of a complaint, reported the matter to the police, whereupon police registered an FIR against the accused under Sections 376, 506(ii) IPC and Sections 4 and 8 of POCSO Act. The investigation ensued and the police took into possession 'salwar' of the prosecutrix, which was sealed in a parcel having seal impression 'M'. The statement of the prosecutrix, under Section 164 Cr.P.C., was recorded before the learned Additional Chief Judicial Magistrate, Ghumarwin. The prosecutrix was medically examined and her medico legal certificate was obtained. The record qua date of birth of the prosecutrix was also obtained from Government High School, Bhager. The spot of occurrence, i.e., where the accused dragged the prosecutrix, was .
home from her school, the accused caught hold of her from her waist and dragged her to nearby field. The accused broke the string of her salwar and inserted his fingers in her vagina. He also threatened that in case she divulges the incident to anyone, he will kill her parents. She has further deposed that she wore her salwar by tying knots in her broken string. She did not narrate the incident to her parents due to fear.
9. On 17.08.2015, around 06:30 a.m. when she was sleeping and her parents were not there, the accused came and pressed her breasts. On 22.08.2015 the prosecutrix divulged the occurrences to her parents and the matter was reported to the police. She was medically examined and she handed over her salwar to the police, which was taken into possession vide memo, Ex. PW-
She denied the suggestion that fields belong to one Smt. Hakmi Devi.
She has further deposed that villagers use the path which is near to the maize field (spot of occurrence). She told to mother of one Pyare Lal, whose house is near to maize fields, that accused is obstructing her, who in turn advised her to go from another path, but in the statement given to the police it is not so recorded. As per her version, she divulged to the police that her younger sister was sleeping with her when the accused pressed her breasts, however, in her statement, Ex. DB, given to the police, it is not so recorded. She has further deposed that on 22.08.2015, she alongwith her father went to Police Station, Ghumarwin, and Ramesh Kumar had accompanied them. On 12.08.2015, during the occurrence she cried for help, but the accused muzzled her mouth. She has stated that she did not raise any alarm when the accused pressed her breasts and the occurrence was witnessed by her sister. On 17.08.2015 she .
narrated to her parents that the accused pressed her breasts.
10. PW-2, Smt. Seema Devi, mother of the prosecutrix, deposed that on 22.08.2015 the prosecutrix informed her that accused used to tease her. The prosecutrix also narrated to her that on 12.08.2015 when she was coming from school, the accused was hiding in maize crop field. The accused pounced upon her and dragged her to field and inserted fingers in her vagina. As per this witness, on 17.08.2015, when she was away to fields, the accused came in their house and pressed the breasts of the prosecutrix. The accused also threatened the prosecutrix that in case she divulges the incident to anyone, he would kill her. She has further deposed that she recounted the incident to her husband and the matter was reported to the police. Police prepared the site plans and salwar of the prosecutrix was taken into possession, vide seizure memo Ex.