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SURYA KANT, N. KOTISWAR SINGH
State of Himachal Pradesh – Appellant
Versus
Rajesh Kumar – Respondent
JUDGMENT :
Surya Kant, J.
1. The instant criminal appeal is directed against the impugned judgment dated 01.03.2012 passed by a Division Bench of the High Court of Himachal Pradesh, whereby the criminal appeal preferred by the respondent had been allowed. The High Court, while acquitting him under Sections 376 and 452 of the Indian Penal Code, 1860 (in short, the “IPC”), has set aside the judgment and order of the Trial Court dated 02.01.2009, holding the respondent guilty of the aforementioned offences with a sentence of 10 years of rigorous imprisonment.
2. We have heard learned counsel for the State at a considerable length. The record has been perused.
3. The prosecution case is that on 13.08.2007, the prosecutrix (PW-10) through her father lodged FIR No. 346/2007 under Sections 452 and 376 of IPC at Police Station Sadar Hamirpur against the accused-respondent. It was alleged therein that when her parents (PW-8 & PW-9) had gone to the hospital for purchasing medicines around noon, the respondent came to the varandah of her house and asked for a match box. Finding her alone, the accused allegedly caught her from the arm and took her inside the room. Thereafter, he forcibly committed
The prosecution must establish guilt beyond reasonable doubt, and any reasonable doubt benefits the accused, leading to acquittal in the absence of credible evidence.
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