Mahesh Bhagwati, J. - (1.) THE challenge in this appeal is to the judgment dated 23 September, 1997 whereby, the learned District & Sessions Judge, Baran acquitted the accused -respondent Ramswaroop in the offences under Sections 376 and 323 of IPC.
(2.) THE nub of the appellant's story is: That on 17.11.1996 at 5:20 pm the prosecutrix aged 26 years accompanied with her daughter aged 3 and a half years went near Talal for grazing goats. When she was standing near the goats, the accused -respondent came there and asked her as to where that person who used to graze the goats had gone. She told that he had gone to Bohat. Then the accused -respondent suddenly came and forcibly dragged her to the Mustard field where he made her to lie on the ground. It is further alleged that he pulled her cloths, torn her blouse, squeezed her breasts and forcibly ravished her for about half an hour. He left her only after fulfilling his wild lust. When he was to flee she assaulted on her legs with a wooden stick. The prosecutrix apprised Rameshwar and Ram Kunwar with the incident on her way to home. After reaching there, she narrated the whole incident to her husband. Thereafter, she along with Surajmal and Ram Karan, went to the police station, Baran and lodged the FIR Ex.P/1. The police registered the case and commenced investigation. The Investigating Officer recorded the statements of the witnesses, prepared the site plan Ex.P/3, seized the blouse and peticot vide Ex.P/2, seized the underwear of the accused vide Ex.P/6, got the prosecutrix and the accused medically examined vide Ex.P/4 and Ex.P/8 respectively and arrested the accused. After usual investigation the police submitted the challan in the Court.
(3.) IN due course, the case came up for trial before the District & Sessions Judge, Baran, who read over the charge of the offences under Sections 376 and 323 of IPC to the accused, who did not plead guilt and claimed trial. The prosecution examined in all five witnesses to prove its case. In his explanation under Section 313 of Cr.P.C., the accused -appellant claimed innocence. On completion of trial, the court acquitted the respondent as indicated hereinabove.;