STATE OF HIMACHAL PRADESH Vs. BHARAT BHUSHAN

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the learned Sessions Judge Shimla in sessions trial No. 62 -K/7 of 1993 decided on 31.10.1994 whereby he acquitted the accused of having committed an offence punishable under Section 376 read with Section 511 of the Indian Penal Code.

(2.) THE prosecution case in brief is that on 22.6.1993 two girls C and R (names withheld to protect their identity) were working in the fields at Village Kanda. Prosecutrix C was aged about 11 years and the other girl R was aged about 10 years. At about 12.00 noon when the girls were tilling the fields, the two accused Bharat Bhushan and Dinesh Kumar came to the field. Accused Bharat Bhushan lifted the prosecutrix C, untied her salwar and committed forcible intercourse with her. Accused Dinesh Kumar tried to lift the other girl R but she managed to escape and ran away. She raised a hue and cry. On this Piarmani and Piar Devi who were working in the nearby fields came to their rescue. On seeing these two ladies the two accused fled away from the scene of occurrence.

(3.) WE have heard Mr. Vivek Singh Thakur, learned Additional Advocate General, on behalf of the State and Mr. Bimal Gupta learned counsel for the accused.