STATE OF H P Vs. GOURU RAM

JUDGEMENT

(1.) THIS is an appeal filed by the State of H. P. against the judgment of the Court of learned Sessions Judge, Mandi, dated 1-10-1991, vide which the respondent was acquitted of the charge framed against him under Section 376, IPC.

(2.) BRIEFLY stated, the facts of the case are that on 7-2-1990, at about 5. 00 p. m. a report was lodged with the police by one kunju. He alleged therein that on the previous day i. e. on 6-2-1990 in the morning time he had gone to Tehsil Bali Chowki in connection with some work. He returned to his house on 7-2-1990 at 3. 00 p. m. and when he reached near Hanogi Bridge, his wife dhainu and his daughter (S) (name not mentioned) met him and his wife told him that on the previous day at about 5. 30 p. m. Gouru i. e. the respondent had raped her daughter and he sent his wife and daughter towards the house and came to lodge the report, on which a case was registered and after investigation, the challan was filed before the learned Judicial Magistrate who committed the case to the learned trial Court who tried the respondent under Section 376, ipc resulting in the acquittal of the respondent.

(3.) WE have heard the learned counsel for the parties and have gone through the record of the case.