STATE OF HIMACHAL PRADESH Vs. VINAY KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 15.12.2005, passed by learned Addl. Sessions Judge, Fast Track Court, Kangra at Dharamsala, H.P., in Criminal Appeal No. 51 -P/05/03, titled as Vinay Kumar vs. State of H.P., whereby appeal filed by the respondent -accused against judgment dated 1.7.2003 in Cr. Case No. 185 -II/1997, titled as State vs. Vinay Kumar, stands allowed and order of conviction and sentence set aside, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) COMPLAINT (Ext. PW 1/A) was lodged by the prosecutrix (PW-1) with the police on the basis of which F.I.R. No. 174/96 (Ext. PW-7/A), dated 1.6.1996, was lodged against the accused at Police Station Palampur, under the provisions of Sections 452, 354, 323 and 506 of the Indian Penal Code. Prosecutrix alleged that the accused tres-passed into her house and molested her, which incident was noticed by her family members. Prosecutrix was got medically examined from Dr. Uttra Kashyap (PW -6) who issued M.L.C. (Ext. PW -6/A). With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined eight witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took the following defence:-