Order

DR. ARUIT PASAYAT, J.- Challenge in this appeal is to the judgment of a learned Single Judge of the Himachal Pradesh High Court directing acquittal of the respondent (hereinafter referred to as "the accused"). The learned Sessions Judge, Kangra at Dharamshala had found the accused guilty of offences punishable under Sections 363, 366 and 376 of the Penal Code, 1860 (in short "IPC") and sentenced him to undergo rigorous imprisonment for seven years and two years and fine with default stipulation.

2. The prosecution version as unfolded during trial is as follows:

The prosecutrix (PW 2), daughter of Nirmala Devi (PW 1) and Jagar Nath (PW 3) was, on 23-3-1996 present in her house in Village Sadwan. The accused and Ishwar Dass alias Sheru (who was a co-accused before the trial court and will be referred to as such hereafter) came to her house. The accused asked her to marry him. On her refusal, the accused and the said co-accused threatened to kill her brother. They made her to accompany them at the point of a knife and was taken to different houses and finally to the house of Ashok Kumar (who was also a co-accused before the trial court and is referred to as such hereafter). From