STATE OF H.P. Vs. RAJINDER KUMAR

JUDGEMENT

(1.) The State felt aggrieved by the judgment of acquittal passed by the learned trial court in Sessions Trial No.9 of 2005/04 decided on 31.3.2006, whereby the respondent, hereinafter referred to as the accused, was acquitted for the offence punishable under Section 452 and 376 of IPC, allegedly committed house trespass and for rape on a deaf and dumb prosecutrix aged about 14 years.

(2.) Heard and gone through the record.

(3.) Precisely, the case of the prosecution is that on 21.10.2003, at about 11.45 a.m., prosecutrix was watching television in one of the rooms of her old house. Mother of the prosecutrix (PW-4) had gone to collect seeds in the vicinity. Her father, Kali Dass (PW-1) was in the adjacent new house, where he heard the sound of 'Hoon' emanating from the room of old house. He went there and found that the room was bolted from inside.