(1.) State has appealed against the judgment dated 8.10.2009, passed by learned Additional Sessions Judge, Fast Track Court, Chamba District, Chamba, Himachal Pradesh, in Sessions Trial No.12/2009, titled as State of Himachal Pradesh v. Santosh Kumar, challenging the acquittal of respondent Santosh Kumar (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 376 of the Indian Penal Code.
(2.) Prosecutrix, who was born on 10.5.2004, allegedly was subjected to forceful sexual assault by the accused, on 10.9.2008. Trial Court has acquitted the accused on the following grounds: (a) Statement of the prosecutrix (PW-6) is self-contradictory and uninspiring in confidence, (b) she was tutored by her father (PW-3) to depose against the accused, (c) medical evidence did not reveal any corresponding injuries on the person of the accused, (d) injury sustained by the prosecutrix on her private parts, even as per the Expert (PW-11; Ex.PW- 11/A), could be as a result of her falling on a wooden plank, and (e) report of the Chemical Examiner (Ex.PX) belies the version of the prosecution of semen noticed on the body(legs) of the prosecutrix.
(3.) Correctness of the findings retuned by the trial Court is the subject matter of the present appeal.
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