Chander Bhusan Barowalia, J.

The present appeal arises from the judgment passed by the Court of learned Additional Sessions Judge-II, Kangra at Dharamshala, District Kangra, H.P., in Sessions Trial No. 243/of 2013, dated 30.7.2015, acquitting the accused of the charge under Section 376 of the Indian Penal Code.

2. Brief facts of the prosecution story are that on 9.8.2012, an application was forwarded to the Police Station, Jawalamukhi by the Pradhan, Gram Panchayat, Dhanot, on the basis of which FIR No.137/2012 dated 9.8.2012 under Section 376 of the Indian Penal Code, was registered against the accused. This application was moved by the villagers of Villages Panjiara, Jatehar and Adhwani to Gram Panchayat on the allegations that on 3.8.2012, accused Suman Kumar under the influence of liquor committed rape with a mentally ill woman in the broad day light in a field abutting to the road and the same was witnessed by the School going children. The application was forwarded by the Gram Panchayat, Dhanot to Police Station, Jawalamukhi and on its basis, formal F.I.R. was registered against the accused and the investigation was taken up by Sub Inspector Shankar Singh. During the