STATE OF HARYANA Vs. MATRU @ VED PRAKASH

JUDGEMENT

(1.) MATRU alias Ved Prakash aged 22 years then a student was tried under Section 376 of the Indian Penal Code pertaining to F.I.R. No. 125 dated 14th June, 1991, Police Station Kanina and after resultant trial was acquitted by Sessions Judge, Narnaul, vide judgment dated 29th of February, 1992. It is against this order of acquittal that the State of Haryana has filed the present appeal.

(2.) BRIEF facts of the case reveal that an F.I.R. under Section 376 read with Section 511 of the Indian Penal Code came to be recorded against Matru alias Ved Prakash on the statement made by Lakhi Ram on 14th of June, 1991, which when translated into English reads as follows :-

(3.) FACED with the findings recorded by the learned Sessions Judge as has been reproduced above, Mr. Varinder Singh, Deputy Advocate General was fair enough to state that respondent Matru alias Ved Prakash has rightly been acquitted for a charge under Section 376 of the Indian Penal Code. He, however, contends that if charge under Section 376 of the Indian Penal Code is not sustainable on the strength of the findings recorded above by the learned Sessions Judge, the respondent ought to have been dealt with under Sections 376/511 i.e. attempt to commit rape. However, when confronted with the contention raised by the other side that the witnesses who had given evidence on material issues and had not come up with truth, could not be relied, the learned Counsel appearing for the appellant-State could not urge anything more.