STATE OF HIMACHAL PRADESH Vs. ROSHAN LAL

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Additional Sessions Judge, Mandi in Sessions Trial No. 14 of 2011 dated 19.3.2013, vide which learned trial court has acquitted the accused who was charged for commission of offences punishable under Sections 452, 376 read with Section 511 of the Indian Penal Code (in short 'IPC').

(2.) The case of the prosecution in brief was that on 24.11.2010 one Rajiv Kumar informed Police Post, Dharampur that one Roshan Lal (accused) had entered the house of his mother-in-law at Kumharda with bad intent and had tried to sexually molest her. On the basis of said information, Rapat No. 11 was lodged and Head Constable Jagdish Chand along with other police officials reached the spot (Upper Kumharda).

(3.) On the basis of said information FIR No. 342 of 2010 under Sections 452, 376 and 511 of IPC was registered at Police Station Sarkaghat. After the registration of FIR, investigation was carried out, in the course of which spot map was prepared, photographs of the spot were taken and shirt of the prosecutrix was also taken into possession. Prosecutrix refused to get herself medically examined, as a result of which she could not be subjected to medical examination. The statements of witnesses were recorded. Accused was arrested but later on released on bail.