STATE OF H P Vs. JIEU NATH

JUDGEMENT

(1.) State felt aggrieved by the acquittal of the respondent passed by the learned trial Court under Section 363, 366-A and 376 Indian Penal Code hence, the present appeal.

(2.) Heard and gone through the record.

(3.) Prosecutrix in this case was examined before the learned trial Court. She stated that on 1.3.2006 she had gone to the tap for washing clothes near the house of Jeet Bahadur, accused Jieu Nath was in the house of Bindu nearby. When she was washing the clothes, he approached her and proposed to marry to which she declined. Thereafter accused called her to the house of Bindu. Again he proposed her but she declined. Thereafter, the accused gave her his sister's clothes for wearing and took her alongwith him to village Meeni where they stayed in the house of his bua (father's sister) and raped. However, next day, accused took her to the house of Chatru of the same village and again committed rape on her. Then she was taken to jungle nearby where they stayed for two days in a temporary hut of a gurkha but accused did nothing with the prosecutrix during this time. From gurkha's hut, they went to village Diswani in the house of Shiv Ram who brought her back to her parental house and accused went to the house of Bindu. At that time, her mother was present in the house. In this way, she had spent 6 days with the accused. When her father returned in the evening, he asked his wife about the whereabouts of prosecutrix, it was then she disclosed him about the incident.