STATE OF HIMACHAL PRADESH Vs. KAMAL DEV

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 15.3.2008, rendered by the learned Sessions Judge, Chamba, H.P. in Sessions Trial No. 3 of 2008, whereby the respondent -accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sections 376 and 506 IPC, has been acquitted.

(2.) THE case of the prosecution, in a nut shell, is that the prosecutrix (PW -1), had gone to her maternal Uncle's house in Village Kumarkha, in the month of March. When she was returning to her home from her maternal Uncle's house, accused followed her. He asked her to marry him. Thereafter, he caught hold of her from arm and took her aside and committed rape without her consent and also criminally intimidated her with dire consequences. The prosecutrix narrated the incident to her mother after about 4 -5 months. Thereafter, FIR was registered. The prosecutrix was medically examined and on completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . M.A. Khan, learned Addl. Advocate General, for the State has vehemently argued that the prosecution has proved the case against the accused. On the other hand, Mr. Lakshay Thakur, Advocate, has supported the judgment of the learned trial Court dated 15.3.2008.