STATE OF H P Vs. RAVINDER SHARMA

JUDGEMENT

(1.) The State has come in appeal against the judgment dated 28.7.2010, rendered by the learned Addl. Sessions Judge, FTC, Kullu, H.P., in Sessions Trial No. 17 of 2010, whereby the respondent-accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sections 376, 306, 341 & 506 IPC has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that deceased/prosecutrix (name withheld) was the student of 8th class in Government Senior Secondary School, Palach. She went to fetch water at about 9:45 PM on 15.12.2009. When she was returning, accused stopped her on the way, gagged her mouth with the shirt worn by her and raped her. She tried to raise alarm, but could not do so as her mouth was gagged. The accused also threatened to kill the deceased in case she revealed the incident to anyone. When her mother inquired about the reason for delay, she narrated the incident to her parents and brother.

(3.) The prosecution, in order to prove its case, has examined as many as thirteen witnesses. The accused was also examined under Section 313 Cr.P.C. He pleaded innocence. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.