STATE OF H.P. Vs. SUBHASH CHAND

JUDGEMENT

(1.) RESPONDENTS , who were charged with and tried for an offence, punishable under Section 376 read with Section 34 IPC, stand acquitted by the trial Court and, therefore, the State has filed this appeal seeking the reversal of the judgment of acquittal and for convicting and sentencing the respondents for the aforesaid offence.

(2.) ON 2nd July, 1991, a report was lodged with the police by the prosecutrix, who went to the Police Station accompanied by her father PW-5 Dhani Ram and sister Sumna, that on 27th June, 1991, when she alongwith her two elder sisters Sunia and Sumna was extinguishing a forest fire near her house, the three respondents gagged her with her own Dupatta, tied her hands on her back and physically carried her to a Nullah, where respondent Subhash Chand committed rape on her, while the remaining two respondents stood guard at some distance.

(3.) WE have heard the learned Deputy Advocate General and gone through the record.