STATE OF HP Vs. JAGAN NATH SHUKLA

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 has been granted in reference to judgment dated 1.7.2000, passed by Learned Sessions Judge, Hamirpur, H.P., in Sessions Trial No. 14 of 2000 under Sections 376 of the Indian Penal Code, acquitting the alleged accused/respondent.

(2.) The prosecution case is that the victim / prosecutrix (name not given) a major married lady about 35 years of age, deployed in the office of Deputy Director (Education), Hamirpur, was sexually assaulted by the accusedrespondent, on 17.2.2000, however, the FIR was lodged by the delay of six days. However, on enquiry, the accusedrespondent was charged for the offence under Section 376 of the Indian Penal Code and the case was committed to Sessions Court.

(3.) In order to prove its case, the prosecution has examined as many as 12 prosecution witnesses, whereas, the accused through his statement under Section 313 of Cr.P.C., has denied the prosecution case.