STATE OF H.P. Vs. GULAB SINGH

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378(3) of the Code of criminal Procedure has been granted in reference to judgment dated 21.5.1997, passed by the Learned Additional Sessions Judge, Mandi, District at Mandi, H.P., in Sessions Trial No. 4 of 1995, under Sections 452, 376, 323, 427 and 504 of the Indian Penal Code, whereby acquitting the alleged accused/respondent.

(2.) THE prosecution case is that on 20.10.1994, when victim major lady having children, was alone in her house at village Dehri Nullah, and there was Mela in the village and at about 10.10 P.M., in the night, Gulab Singh, Guard, came under the influence of liquor and opened her door and tried to outrage her modesty. In that respect FIR No. 108/1994 was lodged for the aforesaid offences.

(3.) ON scrutiny of the prosecution witnesses and materials on record, we notice that PW.1 Dr. Vanita Kapoor, Medical Officer, Zonal Hospital, Mandi, has stated that on October 24, 1994 at 12.10 noon, she examined Bheli Devi wife of Keshav, and following injuries were found on her person: