STATE OF HP Vs. MAHENDER SINGH

JUDGEMENT

(1.) Mr. Malay Kaushal, Advocate, has been requested to assist this Court as Amicus Curiae and he has kindly agreed to the same. Accordingly, Mr. Malay Kaushal, Advocate, has assisted this Court in response to the submissions made on behalf by Mr. R.K. Sharma, Sr. Additional Advocate General, for the appellant-State.

(2.) The present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 01.10.1999, passed 1 Whether reporters of Local Papers may be allowed to see the judgment? by learned Sessions Judge, Solan, District Solan, Himachal Pradesh, in Sessions Trial No. 29-S/7 of 1998, acquitting the alleged accused under Sections 376 and 506 of the Indian Penal Code in reference to FIR No. 103 of 1997 dated 01.08.1997.

(3.) Prosecution case in brief is that on the complaint of the victim-prosecutrix (name withheld) that while she had gone to answer the call of nature in the nearby field, accused suddenly pounced over her and sexually assaulted her and also threatened her with dire consequences. Accordingly, on the complaint of the victim-prosecutrix, FIR was registered and the accused was charged for the offence under Section 376 and 506 of the Indian Penal Code and the case was committed to the Sessions Court.