STATE OF H P Vs. DEEPAK CHAUHAN

JUDGEMENT

(1.) The State has instituted this appeal against the judgment dated 20.3.2013, rendered by the learned Sessions Judge, Mandi, H.P. in Sessions Trial No. 4 of 2013, whereby the respondent-accused (hereinafter referred to as the accused) who was charged with and tried for offences under Sections 376 and 417 IPC, was acquitted by the learned trial Court.

(2.) The case of the prosecution, in a nut shell, is that the prosecutrix was married with one Shri Puneet Kumar of Village Garsa, Kullu on 28.4.2006. The differences arose between the husband and wife. She started living separately since 2009 with her parents. She met the accused. The accused pretended to be unmarried and offered proposal to marry her. He also requested the prosecutrix to take divorce from her husband. The prosecutrix got job at Shimla. She served there w.e.f. August 2010 to July, 2011. The accused used to visit her at Shimla. He developed physical relations with the prosecutrix. The prosecutrix filed petition for mutual divorce on 18.4.2012 in the Court of P.O. Fast Track Court, Mandi. The case was decided on 17.11.2012. The accused took the prosecutrix to Chandigarh and other places. She came to know on 15.5.2012 that the accused was married. In these circumstances, FIR No. 74 of 2012 dated 15.5.2012 was lodged at Police Station, Jogindernagar. The prosecutrix was medically examined by Dr. Suman Bist (PW-1). The matter was investigated and challan was put up after completing all the codal formalities.

(3.) The prosecution has examined as many as 13 witnesses to prove its case. The accused was also examined under Section 313 Cr.P.C to which he pleaded not guilty. He denied the entire case of the prosecution and took the plea that his father has lodged certain complaints against the prosecutrix as well as her parents. The learned Trial Court acquitted the accused on 20.3.2013. Hence, the present appeal.