STATE OF UTTARAKHAND Vs. IRSHAD

JUDGEMENT

(1.) The State has come up in appeal against the judgment dtd. 14/1/2015, passed by the learned 6th Additional Sessions Judge, Dehradun in Sessions Trial No. 57 of 2013, whereby the respondent - Irshad has been acquitted for the offence punishable under Sec. 376 of the Indian Penal Code, 1860.

(2.) The prosecution case, in a nutshell, is that a written complaint was given by father-in-law of the victim, in Police Station - Patel Nagar, Dehradun, stating that on 12/1/2013 at 11 P.M., his daughter-in-law was raped by Irshad S/o Md. Shabir. On the basis of the said complaint, a case was registered under Sec. 376 IPC.

(3.) After Investigation, a Challan was presented against the respondent. The charge-sheet was filed against the respondent under Sec. 376 IPC. After filing of the charge-sheet, following witnesses were examined :