STATE OF H.P. Vs. RAMESH CHAND

JUDGEMENT

(1.) STATE has appealed against the judgment of acquittal of the respondent, who was charged with and tried for offences, punishable under Sections 354 & 376 IPC.

(2.) ON 24th October, 1991, a report was lodged with the police by the prosecutrix that on the previous day around 11 a.m. when she had gone to the field to mow grass, respondent came there and assaulted her with intent to outrage her modesty and that when she raised hue and cry, her mother reached the spot, on seeing whom the respondent ran away.

(3.) TRIAL Court charged the respondent for having committed rape on the prosecutrix on 5th October, 1991 and having assaulted her with intent to outrage her modesty, on 23rd October, 1991. Respondent pleaded not guilty. Prosecution examined the prosecutrix as PW-3, mother of the prosecutrix Krishna Devi as PW-4 and the doctor, who conducted the medico legal examination of the prosecutrix, namely PW-1 Dr. Sangita Pabby.