STATE OF HIMACHAL PRADESH Vs. GURBINDER SINGH

JUDGEMENT

(1.) The present appeal is maintained by the State of Himachal Pradesh against the judgment of acquittal dated 28.5.2008, passed by learned Additional Sessions Judge, Solan, District Solan, H.P. in Criminal Appeal No.9-S/10 of 2007, whereby the judgment of conviction dated 26.9.2007, passed by the learned Additional Chief Judicial Magistrate, Kasauli, District Solan, H.P. in Criminal Case No.32/2 of 2003, under Section 354 of Indian Penal Code, has been set aside.

(2.) Briefly stating the facts giving rise to the present appeal are that an FIR No.121, dated 12.12.2002, was registered at Police Station, Kasauli, alleging that on 8.11.2002, while the victim was returning home from her tailoring school and was passing through the jungle at about 3.00 PM, the accused came out of the bushes and caught hold of the victim, dragged her towards bushes, he kissed her and also fondled her breast. He intended to commit rape. She raised alarm on which one Nek Ram of Village Baragu came and Sant Ram resident of Tiker Jabal reached on the spot. On seeing the witnesses the accused released her. She was threatened to be killed by the accused. The victim thereafter went home. However, her mother was out of village having gone to her relatives and returned on 13.11.2002. The victim revealed the incident to her mother. Thereafter, her mother revealed the facts to her father. They decided to lodge a report and thereby the matter was reported through the Up-Pradhan of the Gram Panchayat, at Police Post, Kuthar. However, no action was taken so, the complaint was presented in the Court, which was sent to the Police Station, Kasauli for registration of the FIR. After completion of investigation, challan was presented in the Court.

(3.) After closure of the prosecution evidence, the statement of the accused was recorded. The case of the defence is that of total denial. It has been alleged that some altercation in between the accused and the brother of the victim, the accused has been booked on false allegation.