RACHNA DEVI Vs. JITENDER KUMAR AND ANOTHER

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 8.3.2013, rendered by learned Additional Sessions Judge, Mandi, District Mandi, Himachal (camp at Karsog) in Sessions Trial No. 9 of 2011, whereby respondent No. 1-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sections 506 and 376 IPC, has been acquitted by the learned trial Court.

(2.) Case of the prosecution, in a nutshell, is that on 10.11.2009, complaint Ext. PW-1/A was received at PS Karsog through SP Mandi. According to the averments made in the complaint, accused had forcibly sexually assaulted the prosecutrix and threatened her with dire consequences if she disclosed about the incident to anybody. Prosecutrix became pregnant on account of sexual assault of accused. It was also alleged that she told about pregnancy to accused who promised to marry her but with the passage of time, accused refused to fulfill the promise of marriage. Accused refused to marry her due to caste factor. Complainant also complained to Police Station, Karsog, however, no action was taken against the accused. She was directed to pursue the case before SDM Karsog. On 27.10.2009, she made a representation to the SDM Karsog for necessary action. Thereafter, case was registered. Investigation took place. Police visited the spot. Prosecutrix gave birth to a child on 10.11.2009 at Kamla Nehru Hospital Shimla. Blood samples of prosecutrix, accused and the newly born baby were taken for DNA test and sent to FSL Junga. Accused was arrested. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as twelve witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Trial Court acquitted the accused as noticed above. Hence, this appeal.