STATE OF HIMACHAL PRADESH Vs. KISHAN

JUDGEMENT

(1.) The present appeal has come up for consideration after leave to appeal has been granted under Section 378(3) Cr.P.C. in reference to the impugned judgment dated 15.07.1999, passed by the learned Sessions Judge, Chamba, Division Chamba, H.P, in Sessions Case No. 5 of 1996, acquitting the accused-respondent for the offences under Sections 376 and 506 IPC, in reference to FIR No. 72 of 1995, dated 17.9.1995 of P.S. Kihar, Distt. Chamba.

(2.) The accused-respondent had undergone trial for the aforesaid offences in reference to an incident reported by the victim/prosecutrix, PW-10 that on 16.9.1995, at about 6.30 PM, while she was returning to her house, keeping a bundle of fuel wood on her head after grazing the cattle, when reached near Sheru-di-Nali, accused suddenly appeared and threw bundle of fuel wood from her head and dragged her downwards from the path and gagged the mouth of victim with one hand and broke the knot of 'salwar' and despite resistance, the victim/prosecutrix PW-10 was sexually assaulted. On making hue and cry, PW-11 Chatro Ram, came on the spot and observed the victim lying on the ground. On reaching home, next day, the victim reported the matter to the police and in that respect FIR was lodged. On investigation charge-sheet was submitted against the accused for the aforesaid offences.

(3.) In order to prove its case the prosecution has examined as many as 12 witnesses. Whereas, three defence witnesses were presented on behalf of the accused/defence.