STATE OF H P Vs. SITA RAM

JUDGEMENT

(1.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of Criminal procedure in reference to judgment dated 8.9.1999, passed by learned Sessions Judge, Solan, in Sessions Trial No.23-S/7 of 1998, acquitting the alleged accused/respondent for the offence under Sections 376, 341 and 506 of the Indian Penal Code.

(2.) The prosecution case is that the victim / prosecutrix, a married lady while coming home by bus on 15.3.1998 from Shimla after attending her father admitted in I.G.M.C. Shimla got down at Chambaghat and walked on foot to her village. On the way, accused/respondent Sita Ram crossed the victim/prosecutrix on the path some where and victim kept on going behind him. The accused / respondent even inquired of the whereabouts of the father of the victim prosecutrix. On way accused caught hold of victim and committed sexual assault, however, the matter was reported on 20.3.1999 i.e. after elapse of 5 days to the police and FIR was lodged.

(3.) After investigation, the accused-respondent was charged for the above offences and the case was committed to the Sessions Court. In order to prove its case, the prosecution has examined as many as 11 prosecution witnesses, whereas, the accused / respondent through his statement under Section 313 of Cr. P.C. has denied the prosecution case.