STATE OF HIMACHAL PRADESH Vs. SATISH KUMAR

JUDGEMENT

(1.) Assailing the judgment dated 30.3.2010, passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P., in Sessions Trial No. 11 of 2006, titled as State of Himachal Pradesh vs. Satish Kumar, whereby respondent-accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that accused Satish Kumar with assurance of getting married repeatedly subjected the prosecutrix (PW-1) to sexual intercourse. On his refusal to get married, prosecutrix informed her father Sh. Shankaru Ram (PW-2). When her father confronted the accused, in writing (Ext. PW-1/A) he agreed of marrying the prosecutrix. However despite assurances, marriage was not solemnized, hence prosecutrix reported the matter to the police. F.I.R. No. 118/2005, dated 7.12.2005 (Ext. PW-1/C) was registered at Police Station Kumarsain, Distt. Shimla, under the provisions of Sections 452 and 376 of the Indian Penal Code, against the accused. Investigating Officer ASIRattan Chand (PW-10) got the prosecutrix medically examined from Dr. Seema Sharma (PW-11) who issued MLC (Ext. PW-11/A, 11/B & 11/C). The radiological age of the prosecutrix was determined to be 19 years. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed offences punishable under the provisions of Sections 452, 376 and 417 of the Indian Penal Code, to which he did not plead guilty and claimed trial.