STATE OF H P Vs. SHAUKAT ALI

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 2.6.2001, passed by Learned Sessions Judge, Una District Una, H.P., in Sessions Case No. 7 of 2000, for the offence under Section 376 and 506 of the Indian Penal Code, acquitting the alleged accused / respondent.

(2.) THE prosecution case, in brief, is that the victim- prosecutrix (name not given), a married lady, mother of two children was undergoing four months pregnancy at the time of incident, had reported to the police vide Ex.PF that on 29.7.1999 her husband had gone to 'Tille-Wali-Dhar' for his work and she had gone to the Jungle to fetch grass. While she was cutting grass, accused Shaukat Ali, came from behind and caught hold of her waist and made her lie on the ground and gagged her mouth with one hand. THEreafter, accused forcibly opened the string of her Salwar, tored away her shirt and committed sexual intercourse with her against her consent. During sexual intercourse, she made noise, whereupon, Nasar Din (PW.7) came there and he rescued her from the clutches of the accused. After investigation, FIR (Ex.PN), was registered at Polcie Station, Gagret by Inspector Khoob Ram (PW.17).

(3.) IN order to prove its case, the prosecution has examined as many as 17 prosecution witnesses. Whereas, the accused / respondent through his statement under Section 313 of Cr.P.C., has denied the prosecution case.