STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/State (hereinafter referred to as "the appellant") laying challenge to the judgment, dated 31.12.2011, passed by the learned Additional Sessions Judge(II), Kangra, at Dharamshala, H.P., in Sessions Trial No. 36/2011, whereby the accused/respondent (hereinafter referred to as "the accused") was acquitted for the offence punishable under Sections 341, 323, 376 and 511 of Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) Tersely, the facts giving rise to the present appeal, as per the prosecution, are that on 21.11.2005 the prosecutrix (name withheld), alongwith her friend Daya Devi, went to Mali Ration Depot from her village Gharchindi. Around 11 a.m., when both of them were coming back, through forest area, accused, Sanjeev Kumar, tried to sexually assault the prosecutrix by pulling her clothes. The accused also snatched the 'dupatta' of the prosecutrix and tried to strangulate her with it. Thereafter, accused threw the prosecutrix in a drain after putting some papers in her mouth. It has further come in the prosecution story that Daya Devi came from the spot and the prosecutrix could not come. Daya Devi, on being inquired by mother of the prosecutrix, narrated the incidence to her.

(3.) In order to prove its case, the prosecution examined as many as seventeen witnesses. The statement of the accused, under Section 313 Cr.P.C., was recorded. No defence witness was led by the accused.