STATE OF H P Vs. KISHORI LAL

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 28.08.1998 delivered by the learned Sessions Judge, Kangra at Dharamshala, in Sessions Trial No. 6 of 1998, whereby the accused was acquitted of having committed offences punishable under Sections 376 and 452 IPC.

(2.) On 15.9.1997 at about 12.15 p.m., a report was lodged at Police Station, Jawalamukhi by the prosecutrix to the effect that 5 days earlier on 10.9.1997 at about 6.00 p.m., she was alone in her house. Her husband had gone out of the house to work and that her 'Sautan' Swarna Devi (other wife of her husband) had gone to cut grass. In the meantime, the accused came to the house and proclaimed that he was a 'Gunda' and wanted to have sex with the prosecutrix. She refused, but he dragged her inside the house, took her inside the room, untied her salwar and raped her. Thereafter, Swarna Devi came home and she saw the accused running away from the house. On inquiry, she informed Swarna Devi that she had been raped by the accused.

(3.) The prosecution version is that the prosecutrix being a poor illiterate woman waited for her husband to come back. He returned back in the evening, when she informed him about the incident. On the next day i.e. 11.9.1997 the matter was reported to the Pradhan. The Pradhan promised to take action in the matter, but no action was taken and finally on 15.9.1997, the report was lodged.