STATE OF H.P. Vs. NARESH GULERIA AND ANR.

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after granting of leave to appeal under Section 378(3) Code of Criminal Procedure in reference to judgment dated 26.6.1999 in Sessions Case No. 45 -D/VII/98 passed by learned Sessions Judge, Kangra at Dharamshala(H.P.) acquitting the accused for offences under Sections 376 and 294 of Indian Penal Code in reference to FIR No. 30, dated 28.1.1998.

(2.) AS per the prosecution story, PW -4 (victim prosecutrix name not given) daughter of PW -5, a student of plus one of Government Senior Secondary School, was alleged to have been sexually assaulted by accused. The accused were charged for the offences punishable under Sections 376 and 294 of IPC in reference to FIR No. 30 dated 28.1.1998 and the case was committed to the court of Sessions.

(3.) THE prosecution examined PW -1 Dr. Indu Kaushal, PW -2, Dr. Alok Singh, PW -3 Dr. R.K. Mahajan, PW -4 Miss Archna Rongta, PW -5 Raj Kumar, PW -6 Kishan Chand, PW -7 Ranbir Singh, PW -8 Nirmal Kumar, PW -9 Pankaj Puri, PW -10 Ranjana, PW -11 Prem Chand, PW -12 Anjna, PW -13 Atul Kumar, PW -14 Chamaru Ram, PW -15 Kishan Chand and PW16 Krishan Lal.