STATE OF H P Vs. VISHAL CHAUHAN

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 23.07.2004, delivered by the learned Additional Sessions Judge, Fast Track Court, Shimla, H.P., whereby he acquitted the accused of having committed offences punishable under Sections 366 and 376 of the Indian Penal Code.

(2.) THE prosecutrix, at the relevant time, was more than 18 years of age. She had given up studies and was residing with her parents. The accused was a friend of her younger brother and used to visit her family house off and on. She became friendly with the accused and developed intimacy with him. Whether the reporters of the local papers may be allowed to see the judgment? Yes. According to the prosecutrix, the accused used to promise to marry her.

(3.) ON the morning of 14.11.2002, the accused allegedly brought the prosecutrix to bus stand at Solan. He told her to wait there while he got in touch with an Advocate in connection with their marriage. The prosecutrix waited the accused for 6-7 hours. The accused did not turn up and, therefore, she came to Shimla and stayed with her cousin. She stayed there till 25.11.2002, but, admittedly, did not disclose the factum of rape or jilted marriage to her cousin Roshan Lal.