DEEPAK GUPTA, SANJAY KAROL
STATE OF HIMACHAL PRADESH – Appellant
Versus
JEET RAN & ONE – Respondent
Deepak Gupta, J.(Oral)-This appeal is directed against the judgment dated 31.8.1995 passed by learned Sessions Judge, Bilaspur in Sessions Trial No. 7 of 1992 acquitting both the accused of having committed offences punishable under Section 376 read with Section 34 of Indian Penal Code.
2. The prosecution story is that on 14.4.1991 at about 9.00am a complaint was lodged with the Police Station, Sadar, Bilaspur by the prosecutrix. In this complaint she inter alia stated that she is a resident of Village Nai sarli and lives alongwith her family. On 14.4.1991 her father as usual had gone to work at Bilaspur. Her mother and younger sister were at home. At about 9.00/10.00 am she took her goats for grazing to the Jungle. She was grazing goats at Behnu Nalah. Jeet Ram accused was also grazing his goats on the upper side. At about 12 in the noon accused No. 2 and Raju alias Raj Kumar came to cut grass. Then both the accused talked to each other and thereafter made a plan. They came towards the prosecutrix. Jeet Ram grabbed her arms and pushed her to the ground and then Raj Kumar caught hold of her arms. Jeet Ram opened her salwar, pushed it down and forcibly committed sexual inte
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