STATE OF HIMACHAL PRADESH Vs. KULDEEP SINGH

JUDGEMENT

(1.) STATE has appealed against the judgment dated 21.6.2008 of the learned Additional Sessions Judge, Shimla, Camp at Rohru, Himachal Pradesh, passed in Sessions Trial No. 12 -R/7 of 04/02, titled as State of Himachal Pradesh v. Kuldeep Singh, challenging the acquittal of respondent Kuldeep Singh (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Sections 376 & 506 of the Indian Penal Code.

(2.) IT is the case of prosecution that in the year 2002 (exact date not mentioned), accused subjected the prosecutrix to sexual intercourse. Incident took place in the forest, at a time when prosecutrix had gone to collect the fuel wood. Since prosecutrix conceived, accused offered to marry her, which promise he did not fulfill. Allegedly, at that time prosecutrix was 16 years of age. On 18.2.2002, FIR No. 18 (Ex. PW -6/A) was registered with the police. SI Karam Singh (PW -8) conducted investigation. Prosecutrix was got medically examined from Dr. Sunita Gupta (PW -9), who issued MLC (Ex. PW -9/B). 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.) IN order to establish its case, prosecution examined as many as ten witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication.