Sanjay Karol, J.

For an offence, which is alleged to have been committed on 30.12.1998, accused were put to trial. In terms of judgment dated 13.9.1999 passed by learned Sessions Judge, Solan, in Sessions trial No. 7-S/7 of 99, titled as State of H.P. vs. Neeraj Verma & Others, accused stand acquitted of the charged offences.

2. It is the case of the prosecution that in the night intervening 30th and 31st December, 1998, prosecutrix (PW-3) and her husband Shri Pujari (PW-4) were sleeping in the Hawaghar (rain-shelter) situated just above the railway station, Solan. At about 10.30 p.m. accused Neeraj Verma alias Nitu came with accused Riaz and woke up the prosecutrix and her husband. They pushed PW-4 and asked him about their whereabouts. Nitu represented himself to be police personnel. Thereafter Nitu took out knife and placed it on the body of Pujari. He then caught the prosecutrix by her hand and after dragging her for about 50 mtrs. forcibly took her inside a room where 3-4 Kashmiri labourers were residing. Accused Riaz followed him. Accused also called their accomplice Ayub (accused No.3). Neetu asked the Kashmiri labourers to leave the room. Thereafter, he rap