STATE OF HIMACHAL PRADESH Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant/State under Sec. 378 Cr.P.C. against judgment dtd. 16/2/2015, passed by learned Special Judge, Shimla, District Shimla, H.P., in Sessions Trial No. 26-S/7 of 2014, whereby the accused (respondent herein) was acquitted from the charges under Ss. 376 of the Indian Penal Code (for short 'IPC') and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

(2.) The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:

(3.) The learned Trial Court took cognizance against the accused and charges under Sec. 376 of IPC and Sec. 6 of the POCSO Act were framed against him. The prosecution, in order to prove its case, examined fourteen witnesses. Statement of the accused under Sec. 313 Cr.P.C. was recorded, wherein he stated that he was falsely implicated in the instant case. However, he did not examine any witness in his defence.