STATE OF H P Vs. RAMESH KUMAR

JUDGEMENT

(1.) Respondents (hereinafter referred to as 'the accused, were charged sheeted, tried and acquitted by the learned trial Court in Sessions case No. 39-J/VII/98 decided on 22.12.1999 for the offences punishable under Sections 376 read with Section 34 Indian Penal Code and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. State felt aggrieved by the acquittal, as such filed the present appeal.

(2.) In short, the prosecution case, as emerges from the evidence on record, can be stated thus. Prosecutrix aged 26 years was a married woman, belonging to "scheduled caste" having four children, whereas accused persons, are from girth community of her village.

(3.) Ramesh Kumar and Kara @ Karam Chand were got medically examined by moving an application Ext. PE. Both of them were found fit to perform sexual intercourse. Their clothes were also sealed and sent for forensic examination. As per forensic report, blood or semens stains were not found on it.