STATE OF H P Vs. SANDEEP KUMAR

JUDGEMENT

(1.) The instant revision petition stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 05.10.2009, by the learned Principal Magistrate, Juvenile Justice Board, Una, District Una, H.P. in Criminal Inquiry No. 10/03 whereupon he announced an order of acquittal qua the respondent herein for his allegedly committing an offence under Section 376 of the Indian Penal Code.

(2.) Briefly stated the case of the prosecution is that on 16.5.2003, at about 4.00 p.m. the prosecutrix PW-1 (name not disclosed) was grazing her goats in the jungle near her house. In the meanwhile, Sandeep @ Gollu (hereinafter referred to as the juvenile) came there and caught hold of her arm. The prosecutrix PW-1 tried to raise hue and cry, however, the juvenile gagged her mouth and took her to nearby bushes and opened the string of her Salwar and forcibly committed rape on her.

(3.) Notice of accusation stood put by the learned Principal Magistrate, Juvenile Justice Board, Una to the respondent for his committing an offence punishable under Section 376 of I.P.C, to which he pleaded not guilty and claimed inquiry.