STATE OF H.P. Vs. GUMAN SINGH

JUDGEMENT

(1.) By medium of this appeal, the State has assailed the judgment dated 4.5.2009 passed by the learned Additional Sessions Judge, Sirmaur District at Nahan, H.P. in Sessions Trial No. 9-N/7 of 2008, whereby the respondent has been acquitted of the offences punishable under Sections 363 , 366 and 376 of the Indian Penal Code.

(2.) The story of the prosecution has been correctly reproduced by the learned trial court, therefore, the same is extracted as it is from the impugned judgment.

(3.) The brief facts of the case are that on 12.2.2008, the prosecutrix (PW-4) alongwith Vinta Devi (PW-2) were present in their house situated at Village Manal, whereas Bansi Ram (PW-1) father of the prosecutrix alongwith his wife had gone to Village Jarwa. The prosecutrix at about 4.00 p.m. went to her field in order to bring grass and at that time the respondent came there and told the prosecutrix that he would get her employed in a factory and would also arrange a good boy for her marriage and asked the prosecutrix to accompany him, at which the prosecutrix told the respondent that she had to inform her parents, but the prosecutrix was taken away forcibly by the respondent to Meenus through a forest and on the way Guman Singh (PW-3) met both of them and thereafter the prosecutrix was taken to Vikas Nagar by the respondent and from there to village falling in Haryana where the respondent had taken a quarter on rent. The prosecutrix stayed with the respondent in his quarter and on the night of 14.2.2008 the respondent committed forcible sexual intercourse with the prosecutrix after catching hold of her both arms and the prosecutrix though raised cries but no one came to rescue her.