STATE OF HP Vs. RAMESH KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present Criminal Appeal has come up for consideration after the grant of leave to appeal under Section 378 (3) of the Code of criminal Procedure in reference to the judgment dated 20.9.1996 passed by the Learned Sessions Judge, Sirmaur District at Nahan, HP in Sessions trial No. 50-N/7 of 1995, under Sections 457 and 376 IPC thereby acquitting the alleged accused/respondent.

(3.) In order to adjudicate the present appeal, it is necessary to give the factual background of the case that the prosecturix is married woman, aged 30 years was having children of 7 years and 3 years, alleged to have been sexually assaulted by the accused in the absence of her husband, namely Randhir Singh when he was away on 9.6.1994. The accused had allegedly knocked the door in the night of 9/10th June, 1994, but the door was not opened, then accused opened the door with the help of `Drat' and came inside and sexually assaulted the victim- prosecutrix when she was inside the room with her children. On raising hue and cry by herself and by the children, nobody came to the rescue. When her husband came back on 10.6.1994 in the evening, the incident was narrated to him, who went to the house of accused, however, he was not available in the village. Thereafter, after a gap of 36 hours on 11.6.1994, FIR was lodged. After investigation `Shirt' and `Drat' were taken into custody and after the investigation accused was charged for the offence under section 376 IPC and the case was committed to the Court of Sessions.