STATE OF HIMACHAL PRADESH Vs. SURESH KUMAR

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/State (hereinafter referred to as "the appellant") laying challenge to judgment, dated 20.12.2007, passed by learned Sessions Judge, Bilaspur, H.P., in Sessions Trial No. 1 of 2007, whereby the accused/respondent (hereinafter referred to as "the accused") was acquitted of the offences punishable under Sections 452 and 376 read with Section 511 of Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) The factual matrix, as per the prosecution story, may tersely be summarized as under:

(3.) The prosecution, in order to prove its case, examined as many as twenty witnesses. Statement of the accused was recorded under Section 313 Cr.P.C., wherein he admitted that the complainant works as Peon in Public Works Department, Mandi. He also admitted that on 30.09.2006 he was medically examined, however, the doctor did not take into possession his pants. He denied the rest of the prosecution case and claimed innocence. He, in his statement, has further stated that a false case has been foisted on him as the complainant is inimical with his relative, Bhuri Singh and his family members. However, the accused did not examine any defence witness.