STATE OF HIMACHAL PRADESH Vs. NAND LAL

JUDGEMENT

(1.) State is aggrieved by the acquittal of the respondent who was charged for offences punishable under Sections 376 and 506 of the Indian Penal Code (hereinafter referred to as the IPC).

(2.) The case of the prosecution in brief is that on 16.10.2001, prosecutrix (PW-1) alongwith her aunt (Massi) Rattni Devi (PW-2), her father Jagdish Kumar (PW-3) and Pradhan Rajinder Singh (PW-14) reported to the Police Station that on 15.10.2001 at around 9:30 a.m., when prosecutrix and her younger sisters Bandana and Saroj returned home, she had gone to the Ghasni (grassland) for cutting grass. She had hardly cut 2/3 bundles of grass when at about 12 noon, Nand Lal accused came to the spot. It was reported that accused chased her and on seeing him, she tried to run away and climbed a Khair tree. She was pulled down by him by her legs and thrown on ground. Her mouth was gagged with a Duppatta (head scarf) and her Salwar was untied.

(3.) Learned Additional Advocate General submits that learned trial Court had committed a grave error in disbelieving the testimony of the prosecutrix which was consistent and capable of no other interpretation save and except that the prosecutrix had been subjected to rape.