STATE OF H.P. Vs. MAHENDER SINGH

JUDGEMENT

(1.) This appeal by the State is directed against the judgement dated 25.9.1996 delivered by the Learned Sessions Judge, Kangra at Dharamshala in Sessions case No.37-G/VII/97 whereby she acquitted the accused of having committed an offence of attempt to rape the prosecutrix punishable under Sec. 376 read with Sec. 511 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that on 10.7.1996, the accused alongwith the prosecutrix and one Lekh Raj went to Allhi Kutt to pluck the mangoes. After they had collected the mangoes, the accused sent Lekh Raj ahead. He then spread a Chaddar on the ground, removed the salwar of the prosecutrix and climbed on top of her. On the basis of this material collected during the investigation, the accused was charged with having committed the offence detailed here-in-above. He pleaded not guilty to the charges levelled against him and claimed trial.

(3.) The learned Trial Court acquitted the accused mainly on the ground that the statements of the child witnesses, i.e., the prosecutrix and Lekh Raj did not inspire confidence. The learned Trial Court held that even if the entire evidence is believed, no offence under Sec. 376 read with Sec. 511 was made out. The learned Trial Court further held that the prosecution has failed to prove the facts, as alleged by it.