STATE OF H.P. Vs. SURESH KUMAR @ DC

JUDGEMENT

(1.) THIS appeal is filed by the State of Himachal Pradesh challenging the judgment and order of acquittal passed by the High Court of Himachal Pradesh whereby and whereunder the High Court acquitted the respondent -Suresh Kumar from the charges under Sections 376 of Indian Penal Code (hereinafter referred to as ˜the IPC) and also under Section 342 IPC.

(2.) BEFORE dealing with the contentions raised on behalf of the parties and in order to appreciate the said contentions it would be necessary to state a few facts leading to registration of the aforesaid criminal case.

(3.) AFTER registering the case, the police started investigation into the case and during the same the prosecutrix was got medically examined on 17.3.2000 at District Hospital, Bilaspur. Dr. (Ms.) J. Goswami (PW -8) conducted the said medical examination. The police also examined the witnesses and on completion of the investigation submitted a charge sheet against the respondent -accused for committing the offence under Sections 376 and 342 IPC. When the charge was explained to the accused, he pleaded not guilty and claimed to be tried.