STATE OF HIMACHAL PRADESH Vs. PRAKASH CHAND

JUDGEMENT

(1.) The respondent was charge-sheeted, tried and acquitted for the offences punishable under Sections 452 and 376 read with Section 511 of the Indian Penal Code. The State felt aggrieved, hence the present appeal.

(2.) Admittedly, the prosecutrix (41) in the year 2003 was running a shop in her village and besides the shop she had a living room. At that time, her husband was employed at Shimla. The respondent, hereinafter to be referred as 'the accused', was a co-villager of the prosecutrix, owning a truck. It is alleged that on 4.2.2003 at about 10.45 p.m., her shop was open. She alongwith her daughter Jyoti (PW3), both were present in the shop. It is alleged that the accused entered the room and attempted rape. The prosecutrix resisted his attempt and in that process her shirt was torn. She caught hold the respondent from his hair and managed to save herself. The prosecutrix as well as her daughter raised alarm. On this, PW4 Roop Lal, her brother-in-law, Sheela Devi, sister-in-law and PW5 Prem Lal, nephew of the prosecutrix came to the spot. However, the accused managed to escape.

(3.) The prosecutrix also alleged that her ear-rings in the scuffle got lost. Thereafter next day, at about 11.00 a.m. the prosecutrix as well as PW5 Prem Lal went to Police Station and lodged the FIR. Police visited the spot, prepared the site plan of the place of alleged occurrence. The prosecutrix also produced parcel Ext.P.1 (shirt), which was taken into possession vide memo Ext.PW2/A.