STATE OF H P Vs. SAT PAL

JUDGEMENT

(1.) This appeal under Section 378 of the code of Criminal Procedure by the State is directed against the judgement of the learned Sessions Judge, Sirmaur District at Nahan in Sessions trial No. 49-N/7 of 1994/1993 dated 2.1.1995 whereby he acquitted the accused of having committed an offence punishable under Section 376 of the Indian Penal Code.

(2.) The prosecution case in brief is that the prosecutrix is a married lady. She had come to her maternal home to stay with her mother. On 13.10.1992 she left her maternal home in village Cheok, Tehsil Rajgarh for her husband's home at village Kodab Bagana, Tehsil Rajgarh on foot. At about 3.00 p.m. when she was near village Bagh-Ka-Jungle the accused came from behind and caught hold of her by her arm and asked her to sit with him.

(3.) On her refusal to do so he pulled her towards the right side of the path and threw her on the ground and after removing her Salwar raped her. The prosecutrix cried for help. Since none was nearby to hear her cries she returned to her mother's place and narrated the same to her. Her mother took her to the Police Station Rajgarh on the next day where the F.I.R was lodged against the accused. The prosecutrix was got medically examined. Her clothes which she was wearing at the time of the occurrence were taken into possession by the Police. The accused was arrested and got medically examined. On completion of the investigation, report under Section 173 Cr.P.C. was drawn up and filed and thereafter the case committed to the Court of Sessions. The accused was thereafter charged with having committed offence punishable under Section 376 IPC and pleaded not guilty. After trial the accused has been acquitted. Hence, the present appeal.