STATE OF H.P. Vs. RAMESH KUMAR

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure in reference to judgment dated 22.1.2000, passed by Learned Sessions Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 18 -ST/7 of 1999, under Section 376 of the Indian Penal Code, acquitting the alleged accused/respondent, in reference to FIR No. 64/98 dated 16.8.1998.

(2.) THE prosecution case is that on 16.8.1998 at about 9.00 A.M., the victim/prosecutrix wife of Suresh Kumar had gone to the fields to cut grass in village Banah -Ki -Ser. The accused -respondent, who is the elder brother of the husband of the victim/prosecutrix (Jeth), on seeing the victim/prosecutrix alone, caught hold of her and forcibly committed sexual intercourse with her after opening her salwar. The victim/prosecutrix tried to raise alarm, but the accused -respondent put his hand on her mouth. Accordingly, report was lodged. The victim/prosecutrix was medically examined and her clothes were taken into possession.

(3.) PW .1 is the victim/prosecutrix (name not given), PW.8 Dr. Archana Gupta has examined the victim/prosecutrix, PW.2 Suresh Kumar, husband of the victim/prosecutrix, PW.3 Chamel Singh, father -in -law of the victim/prosecutrix, PW.4 Arjun Singh, Pujari, PW.5 HC Shanti Swaroop, PW.7 Constable Brij Mohan, had however, not supported the prosecution case.