STATE OF HIMACHAL PRADESH Vs. KISHORE KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment 22.4.2004, passed by the learned Additional Sessions Judge, Fast Track Court, Shimla in Sessions Trial No. 19-S/7 of 2004/2002, whereby he acquitted the accused of having committed offences punishable under Sections 451, 376 and 511 IPC.

(2.) THE prosecution story in brief is that the prosecutrix was staying alone in her residence in Jiwanu Colony, Bye Pass, Kasumpti, Shimla since her husband was serving in the Army. On 29.6.2000, at about 11.00 pm when the prosecutrix was sleeping in her house some person knocked at her door and when she opened the door this person came inside. He then gagged her mouth and tried to rape her, on which she raised an alarm and tried to escape from the clutches of the accused. With great difficulty she managed to open the door. By that time Bhoop Singh and other neighbours had reached the spot. The accused was overpowered and made to sit in the room. Thereafter, Purshotam, brother of the prosecutrix, was informed and he came to the spot. At that time also the assailant was in the room. After investigation the accused was charged with having committed the offences aforesaid. The learned trial Court acquitted the accused. Hence this appeal by the State.

(3.) PW-2 and PW-3, neighbours of the prosecutrix, did not support the prosecution version at all and turned hostile. PW-4 has somewhat supported the prosecution version. According to him he received a telephone from his sister (the prosecutrix) at about 11.00 pm that one boy had entered her room and had scuffled with her. He went to the house of his sister and found that the neighbours were standing in the verandah. The door of the house was opened and inside the room a boy was found sitting and according to this witness the boy was the accused present in Court.