STATE OF H P Vs. ARBIND KUMAR

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal has been granted under Section 378(3) of Cr. P.C against the judgment passed by Sessions Judge, Una in Sessions Case No. 9 of 1998, acquitting the respondents/accused for the offence under Sections 376,354,341 /34 of I.P.C in case F.I.R No. 85/1997 dated 7.2.1997.

(2.) THE prosecution case in brief is that the victim/prosecutrix initially filed a complaint Ex. PJ on 6.2.1997 indicating that on 4-2-1997 when she was returning from village Pandoga after selling milk, accused persons, namely, Bindu alias Arbind Kumar and Pinku alias Praveen Kumar met her on the way and attempted to sexual assault. THEy tried to outrage her modesty and threatened her with a knife. On her raising alarm, they ran away from the spot and while leaving the spot they threatened that if she reported the matter to the police, they would put an end to her life. On such complaint, formal F.I.R, Ex. PM, was registered. THE case was partly investigated by Smt. Shakuntala Devi (PW-8) and in respect of that complaint FIR No. 85/97 was registered, but on 13.2.1997 the victim/prosecutrix alleged that she had been subjected to forcible sexual intercourse on 28-1-1997 by the accused persons. So a request was made for her medical examination. Prosecutrix was medically examined by Dr. Anita Sharma (PW-1) who issued MLC, Ex. PB, and gave the following opinion:

(3.) IN order to prove the case, prosecution has examined 12 witnesses and accused/respondents in the statements under Section 313 of Cr. P.C denied the prosecution case.