STATE OF H.P. Vs. DALIP SINGH @ RIKHI

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 1.9.1997, passed by learned Sessions Judge, Shimla, H.P. in Sessions Trial No. 23 -S/7 of 1997, acquitting the respondent -accused for the offence, under Section 376 of the Indian Penal Code.

(2.) THE prosecution case is that on 22.4.1997, at about 1.30 P.M., when victim Smt. Champa Devi, wife of Bhup Ram, was alone had switched on her radio set and was setting right an audio cassette, respondent -accused Dalip Singh, who is resident of the same village, went there and after making enquiry from her as to where her husband had gone and when would he be back and finding her alone, sexually assaulted her. After investigation, the respondent -accused was charged for offence under Section 376 of the Indian Penal Code and the case was committed to Sessions Court.

(3.) THE prosecutrix/victim was medically examined and on examination her age was assessed about 24 years and no external mark or injury was found on her person.