STATE OF H.P. Vs. DEEPAK CHAND

JUDGEMENT

(1.) Aggrieved by the acquittal of the respondent for the offence punishable under Sections 376 and 506 of the Indian Penal Code (for short IPC), the State has filed the instant appeal.

(2.) Briefly stated the case of the prosecution is that on 11.06.2004 the prosecutrix (PW1) filed a complaint with the Superintendent of Police, Hamirpur, wherein allegations of rape was leveled against the respondent. It was alleged that she was employed as water-carrier in the Government Primary School, Swahal and, on 05.05.2004, while returning from the school after getting salary, then at about 1:00 p.m., the respondent accosted her and later on raped her. He also threatened to kill her if she disclosed the facts to any person.

(3.) This complaint was marked to SHO, Sujanpur, who after holding inquiry filed a cancellation report Ext. PW8/D. However dis-satisifed, the prosecutrix moved an application Ext.PW1/C to the Deputy Commissioner, Hamirpur on 02.06.2004 and upon this FIR Ext. PW8/C was registered and the case came to be investigated.