SANDEEP ANAND Vs. NAMRATA

JUDGEMENT

(1.) -The instant appeal has been instituted by the State against judgment dated 30.6.2008 rendered by learned Sessions Judge, Chamba Division, Chamba, Himachal Pradesh in Sessions Trial No. 63/2007, whereby respondent-accused, (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 376 IPC, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 5.6.2007, prosecutrix along with her parents had gone to the Police Station Chuwari and lodged a report disclosing therein that she studied upto 4th standard and now she was doing household work. She is the youngest in her family. She had gone to the jungle. Accused Suresh Kumar chased her and asked her to get marry with him and when she refused, accused committed rape upon her. She raised alarm but her cries were not heard by anybody as none was nearby. Accused threatened her that in case she disclosed the matter she would be defamed in the village and nobody would marry her. She did not disclose the fact to anyone. Whenever she used to go to jungle, accused used to come and commit sexual intercourse with the assurance to marry her. 4-5 months ago, when she was alone in the house, accused came again and committed rape upon her. She approached accused and requested to marry her, however, accused kept on delaying the matter on one pretext or the other. FIR under Sec. 376 Penal Code was registered on 6.6.2007. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 13 witnesses to prove its case against the accused. Accused was also examined under Sec. 313 Crimial P.C. His case was that of denial simpliciter. Accused was acquitted. Hence, this appeal.