STATE OF H.P. Vs. JITENDER SINGH

JUDGEMENT

(1.) THE present criminal appeal has come 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 31.08.1996, passed by the learned Sessions Judge, Bilaspur, District Bilaspur, Himachal Pradesh, in case No. 2 of 1994, acquitting the alleged accused under Section 376 of the Indian Penal Code.

(2.) IN order to adjudicate the criminal appeal, it is necessary to give the factual background of the case.

(3.) THE FIR No. 45/1993 was registered on 10.03.1993. ASI Kaur Chand visited the spot and prepared site plan Ex. PW -8/A and also took into possession two currency notes of Rs. 100/ - and broken pieces of bangles, shirt and salwar of the complainant. Accused made disclosure statement, Ex. PW -7/A and got recovered underwear, Ex. P -6. After medical examination of the prosecutrix, her statement under Section 161 Code of Criminal Procedure was recorded. The challan was prepared and case was committed to Sessions Court for the offence under Section 376 of the Indian Penal code.