STATE OF HIMACHAL PRADESH Vs. MANGA MASIH

JUDGEMENT

(1.) By way of this appeal, appellant/State has challenged the judgment passed by the Court of learned Additional Sessions Judge-(III), Kangra at Dharamshala, District Kangra, in Sessions Trial No. 70-I/VII/12, dated 08.08.2013, vide which, learned Trial Court has acquitted the present respondent (hereinafter referred to as 'accused') for commission of offence punishable under Section 376 of Indian Penal Code (in short 'IPC').

(2.) The case of the prosecution in brief was that prosecutrix was married to one Shri Sewak Kumar in the year 1996. Out of said wedlock, two sons and one daughter were born. Her husband died in the year 2003. Accordingly, prosecutrix was appointed in his place in the I&PH Department. She purchased a house at New Harijan Basti, Dhaka Colony, Dhangu Peer, Indora, where she started residing with her children. Further as per the prosecutrix, accused started sexually assaulting her in the year 2007 on the pretext of marrying with her. However in the year 2012, he married some other lady and thereafter, the prosecutrix lodged report with the police which led to recording of her statement under Section 154 of Criminal Procedure Code (hereinafter referred to as 'Cr.P.C.' for short), on the basis of which, FIR No. 253 of 2012 was registered on 23.8.2012 at Police Station Indora under Section 376 of IPC.

(3.) After the completion of investigation, challan was filed in the Court and as a prima-facie case was found against the accused, he was charged for commission of offence punishable under Section 376 of IPC, to which he pleaded not guilty and claimed trial.