STATE OF HIMACHAL PRADESH Vs. TANZIN GIACHHO

JUDGEMENT

(1.) The present criminal appeal 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 dated 16.5.2000 passed by the learned Sessions Judge, Kinnaur at Rampur Bushahr, Camp at Reckong Peo, H.P. in Sessions Trial No. 11 of 1998 acquitting the accused/Respondent for the offences under Sections 452 and 376 of the Indian Penal Code.

(2.) Prosecution case in brief is that on 8.10.1996 PW-3 (name not given) was alone in her house, whereas, her husband had gone out. In the evening time at about 7.00 p.m., accused/Respondent came to her house, caught hold of the victim/ prosecutrix and taken her in her room, forcibly breaking the strings of the salwaar, put her on the ground, committed sexual intercourse against her will thereafter managed to escape. On the same day wife of the brother of the victim who came to her house was told about the incident and her husband was also revealed about the incident and accordingly the victim and her husband went to make complaint (Ext. PW 3/A) before the Superintendent of Police, Kinnaur. The victim was medically examined and after investigation accused/ Respondent was charged for the aforesaid offences. The case was committed to the Court of Sessions.

(3.) Learned Sessions Court examined as many as twelve prosecution witnesses, whereas, Respondent/accused in his statement under Section 313 Cr. P.C. denied the prosecution case.