STATE Vs. SAMIM & OTHERS

JUDGEMENT

(1.) State has come in appeal against the judgment dated 13.06.2012, rendered by learned Sessions Judge, Pauri Garhwal in Sessions Trial No.05 of 2004, whereby the respondents, who were charged with and tried for the offences under Section 376(2)(g) of IPC, were acquitted.

(2.) The case of the prosecution, in a nutshell, is that the prosecutrix has filed a report at P.S. Kotdwar to the effect that on 30.12.2003, she had gone to get the medicine from the hospital. When she was coming back, Samim met her on the way along with Nawab and Amiruddin @ Annu. She was forcibly taken to the room. Three of them raped her. They have threatened her of dire consequences. She was medically examined. The challan was put up after completing all the codal formalities. The prosecution has examined as many as six witnesses in its support. The statements of the respondents were also recorded under Section 313 of Cr.P.C. They have denied the case of the prosecution. They have also produced two witnesses in support of their case. The trial court acquitted the respondents. Hence, this appeal.

(3.) Learned Counsel for the State has vehemently argued that the prosecution has proved its case beyond reasonable doubt against the respondents. Learned counsel appearing on behalf of the respondents has supported the judgment dated 13.06.2012.