STATE OF PUNJAB Vs. AMRIK KHAN

JUDGEMENT

(1.) The present appeal is directed by the State against the judgment of acquittal passed by Addl. Sessions Judge, Patiala vide judgment dated 11.07.2002 recorded in FIR No.128 dated 28.02.2001 registered under Section 376 IPC at police station Sadar Rajpura.

(2.) The incident took place on 25.02.2001 around 4.00 pm. The prosecutrix (name withheld) aged 35 years is a resident of Balsuan village. Her husband is a mason who used to stay outside the village for a number of days. The prosecutrix has four children. The prosecutrix had gone to the house of the accused who was a tailor, to get a suit of her daughter stitched. The allegations are that the accused caught hold of her and threw her on the bed and broke the string of her salwar and raped her. She raised alarm and her cries attracted her son Jasbir Singh. The accused then ran away from the spot. The husband of the prosecutrix returned to the village on 28.02.2001. The incident was narrated to him and on the same day the matter was reported to police and the formal FIR Ex.PD/2 came into existence. The prosecutrix was sent for medical examination. Investigations were completed and report was laid against the accused under Section 376 IPC.

(3.) The prosecution examined the prosecutrix, her son and her husband besides the medical officer and the witnesses, who proved the link evidence besides the investigating officer. The medical officer medico-legally examined the prosecutrix and had noted the following injuries on her person: