P.S. Rana, J.

Present appeal filed against the judgment of acquittal passed by learned Sessions Judge Solan in Sessions Trial No. 12-S/7 of 2006 titled State of H.P. Vs. Dev Rattan decided on 4.9.2007.

BRIEF FACTS OF THE PROSECUTION CASE :

2. Brief facts of the case as alleged by the prosecution are that on dated 15.10.2005 at 11.45 PM at place Darot accused attempted to commit rape upon minor prosecutrix against her will. It is alleged by prosecution that on dated 15.10.2005 village fair in the ground of Government Middle School Darot was held and cultural programme was also held during night time. It is further alleged by prosecution that minor prosecutrix also came to see cultural programme on night of dated 15.10.2005. It is further alleged by prosecution that at about 11.45 PM minor prosecutrix along with her friends PW2 Puja and one Charu went to answer the call of nature in the nearby bushes and while returning after meeting call of nature PW2 Puja and Charu were few steps ahead from minor prosecutrix. It is also alleged by prosecution that in the meantime accused caught hold the arm of minor prosecution suddenly and gagged her mouth and took her forcibly in nearby bush