STATE OF HIMACHAL PRADESH Vs. SURESH KUMAR ALIAS GOLU, SON OF SH. BANSI MAL, R/O VILLAGE SANIANI, POST OFFICE PARALA, TEHSIL THEOG, DISTRICT SHIMLA, H.P.,

JUDGEMENT

(1.) THE State has come in appeal against the judgment dated 01.10.2004, passed by the learned Additional Sessions Judge, Fast Track Court, Shimla, H.P. in Sessions Trial No. 43 - S/7 of 2003, whereby the respondents -accused, who were charged with and tried for offence punishable under Sections 376, 457, 341, 342 read with Section 34 of the Indian Penal Code, have been acquitted.

(2.) Case of the prosecution, in a nut -shell, is that on 12.06.2002, at about 12:30 a.m., respondent No. 1, Suresh Kumar alias Golu came to the house of prosecutrix alongwith respondent No. 2, Narinder Kumar alias Bitu and respondent No. 3, Rajesh. The prosecutrix has kept the doors of verandah and kitchen unbolted and the lights of the kitchen were also switched on. The respondent No. 1 came inside the kitchen followed by respondent No. 3, namely, Rajesh. The respondent No. 2, Narinder Kumar remained outside in the verandah. In the meantime, her mother Smt. Budhi Devi (PW -3), elder sister Smt. Sunita (PW -2) woke up. PW -3, Budhi Devi accosted the accused and asked them why they had come. The prosecutrix came out of the kitchen alongwith her mother and went inside the room. She was followed by accused Suresh Kumar. He bolted the room from inside and switched off the light. She asked the accused why he has switched off the light and closed the door. Her mother was standing in the verandah. He threatened her and then he tired to have forcible intercourse with her despite her protest. She resisted, but she could not resist due to the injuries received by her. He opened the string of her salwar and managed to have intercourse with her twice. She was confined in the room for one hour. She came out of the room. Thereafter, respondent No. 3 Rajesh gave her beatings. The F.I.R. was lodged. She was medically examined by PW -4, Dr. Anju Manihas. She issued M.L.C. Ex. -PC. The shirt and salwar of the prosecutrix were also taken into possession vide memo Ex. -PB and were sent to F.S.L. The F.S.L. report was received. The investigation was undertaken and the challan was put up.

(3.) THE prosecution has examined as many as eight witnesses. The statement of the accused were also recorded under Sections 313 of the Criminal Procedure Code. They pleaded not guilty and claimed trial. The learned trial Court acquitted the respondents. Hence, this appeal by the State.