STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR @ SANJAY

JUDGEMENT

(1.) Assailing the judgment dated 28.03.2013, passed by Sessions Judge, Mandi, H.P., in Sessions Trial No. 35 of 2011, titled as State of H.P. Vs. Sanjeev Kumar @ Sanjay, whereby accused stands acquitted, State has filed the appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that on 26.11.2010, prosecutrix (PW.2) lodged a complaint with the police of having been sexually assaulted, which led to the registration of FIR No.344/2010, dated 26.11.2010 (Ex.PW.6/A) at Police Station, Sarkaghat, District Mandi, H.P., against the accused under the provisions of Sections 376 and 506 of the Indian Penal Code. Investigation revealed that on the promise of marriage, prosecutrix had been subjected to repeated sexual assault by the accused, who on account of his betrothal with another lady, refused to marry her. During the course of investigation, so conducted by Ajeet Singh (PW.9), prosecutrix was got medically examined from Dr.Anuradha Sharma (PW.1). With the presentation of challan, prima facie, finding a case against the accused, trial Court charged the accused of having committed offences punishable under the provisions of Section 376 and 506 of IPC.

(3.) Finding the testimony of nine prosecution witnesses, so led by the prosecution, not to be believable, trial Court acquitted the accused of the charged offences. Hence, the present appeal.