STATE OF H.P Vs. RANVIR KUMAR

JUDGEMENT

(1.) The present appeal is maintained by the appellant/State, laying challenge to judgment dated 22. 10. 2009, passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H. P. , in Sessions Trial No. 4/7 of 2007, whereby the accused/respondents (hereinafter referred to as "the accused persons") were acquitted for the commission of offence punishable under Section 376(ii)(g) read with Section 34 of Indian Penal Code, 1860) (hereinafter referred to as "IPC").

(2.) The background facts, as projected by the prosecution, can succinctly be summarized as under:

(3.) The prosecution, in order to prove its case, examined as many as twenty two witnesses. Statements of the accused persons were recorded under Section 313 Cr. P. C. , wherein they pleaded not guilty. Accused Raniv Kumar took the defence that prosecutrix was in love with him and they wanted to marry. He has produced letters Mark D-1 to Mark D-2, which, according to accused Ranvir Kumar, were written by the prosecutrix. He has also produced photograph, Ex. DA, wherein he and the prosecutrix are together. However, the accused persons did not lead any defence evidence.