STATE OF HIMACHAL PRADESH Vs. SARWAN KUMAR

JUDGEMENT

(1.) Assailing the judgment dated 10.11.2008, passed by learned Additional Sessions Judge, Una, District Una, H.P., in Sessions Case No. 18 of 2007 (Sessions Trial No. 14 of 2008), titled as State of H.P. vs. Sarwan Kumar, whereby respondents-accused stand 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 on 26.8.2006 at 12 O' Clock (Night), accused entered the house of the prosecutrix (PW-1) who was sleeping with her children. He forcibly subjected her to sexual assault. In vain she tried to resist his acts. After he had committed the act, her sister-inlaw (Jethani) Smt. Pushpa Devi (PW-4) entered the room. Seeing her accused fled away from the spot. Neighbour Sh. Birbal (PW-3) also saw the accused fleeing away from the spot. Next day when her husband Sh. Dina Nath (PW-5) returned home, she narrated the incident to him. Prosecutrix along with her husband reported the matter to Sh. Achhar Singh (PW-8), Pradhan of the concerned panchayat, who advised them to approach the police. Accordingly prosecutrix reported the matter to the police and on the basis of her statement, F.I.R. No. 82/2006 (Ext. PW-1/A), dated 31.8.2006, was registered against the accused at Police Station Bangana, Distt. Una, H.P., under the provisions of Sections 376 and 452 of the Indian Penal Code. Prosecutrix was got medically examined from Dr. Pushpabali Raizada (PW-11) who issued MLC (Ext. PW-11/B), based on report of the chemical examiner (Ext. PW-11/A). Accused was arrested and got medically examined from Dr. Pradeep Atri (PW-13). ASI- Ram Ditta (PW-15) who conducted the investigation also recovered clothes i.e. kameez (Ext. P1) and Salwar (Ext. P2) of the prosecutrix vide memo (Ext. PW-1/B). With the completion of investigation, challan was presented in the Court for trial.

(3.) Accused was charged for having committed offences punishable under the provisions of Sections 376 and 450 of the Indian Penal Code to which he did not plead guilty and claimed trial.