STATE OF HP Vs. KARAN SINGH

JUDGEMENT

(1.) The Criminal Appeal No. 570 of 1999, State of H.P. vs. Karan Singh, has been preferred under Section 377 Cr.P.C. in reference to order dated 01.09.1999, passed by learned Sessions Judge, Sirmaur District at Nahan, in Sessions Trial No. 01ST/7 of 1999, convicting the accused for the offence under Section 376 read with Section 511 of the Indian Penal Code and acquitting the accused for the offence under Section 376 of the Indian Penal Code. Prayer has been made to enhance the sentence awarded for the offence under Section 376 read with Section 511 of the Indian Penal Code, whereas Criminal Appeal 1 Whether reporters of Local Papers may be allowed to see the judgment? No. 2 of 2000 has come up 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 01.09.1999, passed by the learned Sessions Judge, Sirmaur District at Nahan, in Sessions Trial No. 01ST/7 of 1999, acquitting the accused under Section 376 of the Indian Penal Code in reference to FIR No. 155 of of 1998 dated 10.04.1998.

(2.) In order to adjudicate both the criminal appeals, it is necessary to give factual background of the case. As per prosecution case, on 10.04.1998, at about 2:30 p.m., accused took the victim prosecutrix (name withheld) to a 'Khala' near the bushes and gave 'laddus' to her to eat, thereafter, the accusedrespondent sexually assaulted her and when the victimprosecutrix started weeping, out of pain, he left her there. The victimprosecutrix put on her 'pyjama' and came home weeping. The victimprosecutrix narrated the incident to her mother, Smt. Reena Devi. Accordingly, case FIR No. 155 of 1998 was lodged and after completion of investigation, accusedrespondent was charged for the offence under Section 376 of the Indian Penal Code. The case was committed to the Session Court.

(3.) In order to prove its case, prosecution examined as many as eight witnesses, whereas, accused through their statements under Section 313 Cr.P.C. denied the prosecution case.