STATE OF HIMACHAL PRADESH Vs. LUCKY CHAUHAN

JUDGEMENT

(1.) FINDING the prosecutrix (PW -3) and her father Banwari Lal (PW -7) not to have supported the prosecution, accused Lucky Chauhan, in terms of judgment dated 21.11.2011, passed in Sessions Case No.58 -P/2010, titled as State of Himachal Pradesh v. Lucky Chauhan, stands acquitted, in relation to charged offence, i.e. Sections 450, 376 and 506 of the Indian Penal code.

(2.) THROUGH the testimonies of 13 witnesses examined, prosecution wants the Court to believe that on 9.7.2010 accused trespassed into the house of the prosecutrix and subjected her to rape. Through testimony of Prem Chand (PW -13), it has come on record that prosecutrix lodged complaint, on the basis of which FIR No.80, dated 10.7.2010 (Ex. PW -3/A), under the provisions of Sections 376A/450/506, was registered at Police Station, Bhawarna. Thereafter, he got the prosecutrix medically examined. Medical Certificate (Ex. PW -1/B) was collected by the police.

(3.) DR . Anjali Aggarwal (PW -1), on physical examination of the prosecutrix observed that except for abrasions over suprapubic area no other injuries were found on her person.