STATE OF H.P. Vs. MUNI LAL

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 8.3.2013, rendered by the learned Addl. Sessions Judge, Mandi, H.P., in Sessions Trial No. 21 of 2008, whereby the respondent-accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sections 341 and 376 Penal Code has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 23.1.2008, the prosecutrix along with her husband Bikham Ram and niece Darshanu Devi went to PS Karsog and lodged FIR No. 17 of 2008 against the accused. According to the averments contained in the FIR, on 22.1.2008, she was away to fields to protect crop from monkeys. She was coming back to home at about 6:30 PM. She was carrying a Kilta of grass on her back. The accused started following her. When she reached near to her house, accused obstructed her path at lonely place and forcibly laid her down on the ground. He removed her salwar and committed forcible sexual intercourse with her. The accused also gagged her mouth when she raised noise. Her niece Darshanu Devi and daughter-in-law Baldasi came to the spot from the house after hearing the noise. The accused fled away from the spot. The prosecutrix narrated the incident to Darshanu Devi, Baldasi and her husband. The I.O. got the prosecutrix and the accused medically examined. On receipt of the report of medical examination, final opinion of Medical Officer was obtained. The accused was arrested. The case was investigated and challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as eleven witnesses. The accused was also examined under Sec. 313 Crimial P.C. He denied the prosecution allegations and pleaded innocence. The learned trial Court acquitted the accused, as noticed herein above. Hence, this appeal.