STATE OF HIMACHAL PRADESH Vs. KHYALI RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 18.8.2004, whereby the learned Additional Sessions Judge, Fast Track Kullu acquitted the accused of having committed the offences punishable under Sections 376 and 506 IPC.

(2.) THE prosecution story is that the prosecutrix was raped by the accused on 17.4.2003. A complaint in this behalf was lodged with the police on 18.4.2003. F.I.R. was duly registered. The prosecutrix was medically examined. After completion of investigation, the accused was charged for having committed the aforesaid offences. After trial, the accused was acquitted. Hence, this appeal by the state.

(3.) ADMITTEDLY, the prosecutrix was aged about 18 years at the time of incident. The prosecutrix stated that she had taken the cattle for grazing in her orchard at about 10 a.m. According to her, at about 2 p.m., accused had come to the orchard and thereafter, raped her. Though, she tried to raise an alarm, but she could not do so because the accused gagged her mouth. After raping the prosecutrix, the accused threatened her not to disclose this fact to anybody, otherwise he would kill her. Thereafter, the prosecutrix came to her house and told this fact to her mother. But they could not go to the police station on that day, since her father had gone to the jungle to graze the remaining cattle. After he returned, they went to the police station on the next day.