Chander Bhusan Barowalia, J. - (1.)The present petition is maintained by the applicant/State under section 378 (3) Cr.P.C. for grant of leave to file an appeal against the judgment, dated 15.02.2020, passed by learned Additional Sessions Judge-I, Solan, District Solan, H.P., in Sessions Trial No. 5-S/7 of 2015, whereby the non- applicant/accused/respondent (hereinafter referred to as 'the accused') was acquitted for the commission of offence punishable under Sections 376 and 506 of Indian Penal Code (hereinafter for the sake of brevity referred to as 'IPC').
(2.)Tersely, the facts of the prosecution case, as emanate from the records, are that on 13.06.2013, the Superintendent of Police, Sadar, Solan, received an FIR from the office of Superintendent of Police Hissar (Haryana), which ultimately formed basis for registration of FIR against the accused in the instant case under Sections 376 and 506 IPC. The complainant/prosecutrix (name withheld) alleged that she was acquainted with the accused since 2009, as he used to work in Hissar, in a company. Subsequently, the accused, in connection with his work, came to Shimla, remained in touch with her, and 2-3 times came to Hissar, to meet her. In the interregnum, the accused solemnized marriage, but he did not disclose this fact to the prosecutrix. Later on, the accused disclosed that he was forced to marry and he is not happy with his marriage. During the month of October, 2012, the prosecutrix gained admission in a college and in November, 2012, accused came to meet her and told that he would marry her after taking divorce. As per the prosecutrix, on the pretext of marrying her, the accused called her to Chandigarh, wherefrom she was taken to Solan, where he committed rape on her, after administering some intoxicant to her. Thereafter, the accused ravished her many times on the pretext of marriage. Despite the above stated allegations, the prosecutrix leveled some trifling allegations. Upon the allegations, so imputed by the prosecutrix, police investigation ensued. The prosecutrix was medically examined and scientific samples were preseved, which, later on, sent to SFSL, Junga, for analysis. Police prepared the spot map, clicked photographs and recorded the statements of the witnesses. Relevant recoveries were also effected.
The accused was medically examined and he identified the place, where he used to reside at Solan. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. After culmination of investigation, it emerged that the accused took the prosecutrix to Solan, administered some intoxicant to her and committed rape and thereafter, he ravished her many times on the pretext of marriage, though he was already married. The accused also threatened the prosecutrix to eliminate her father. Ultimately, after completion of investigation, challan was presented in the learned Trial Court.

(3.)The prosecution, in order to prove its case, examined as many as fifteen witnesses. Statement of the accused was recorded under Section 313 Cr.P.C., wherein he pleaded not guilty. The accused did not lead any evidence in his defence.
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