STATE OF HIMACHAL PRADESH Vs. RAJAN KUMAR

JUDGEMENT

(1.) Assailing the judgment dated 25.4.2013, passed by Sessions Judge, Hamirpur, H.P., in Sessions Trial No.04 of 2013, titled as State vs. Rajan Kumar, whereby respondent-accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that on 2.4.2012, prosecutrix (PW-1) got her statement, under Section 154 Cr.P.C. (Ex.PW1/A), recorded to the effect that she had been subjected to sexual assault by the accused. Investigation conducted by SI Rajinder Kumar (PW-14), revealed that in the night of 25.3.2012 at about 10/11 p.m., accused trespassed into the house of the prosecutrix and sexually assaulted her. She was threatened not to disclose the incident to anyone. Embolden by such act, on 1.4.2012 at 9.30 p.m., accused again trespassed into the house of the prosecutrix and bolted the door from inside. When Rajesh Kumar (PW-3) husband of the prosecutrix came, accused opened it and immediately ran away from the spot. Pradeep Kumar (PW-2), brother-in-law of the prosecutrix informed the police. Under fear, prosecutrix could not inform the previous incident. With the completion of investigation, Challan was presented in the Court for trial.

(3.) In order to prove its case, in all, prosecution examined fourteen witnesses and statement of accused under Section 313 Cr. P.C. was also recorded, in which he took plea of innocence and false implication. He also led evidence in defence.