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2016 Supreme(HP) 1200

RAJIV SHARMA, SURESHWAR THAKUR
State of Himachal Pradesh – Appellant
Versus
Dile Ram – Respondent


Advocates Appeared:
For the Appellant :Mr. Neeraj K. Sharma, Deputy Advocate General. Mr. Ramakant Sharma, Sr. Advocate with Mr. Basant Thakur, Advocate
For the Respondent:Mr. G.R. Palsra, Advocate.

JUDGMENT :

Rajiv Sharma, J.

The present appeal has been filed by the State against Judgment dated 5.7.2011 rendered by the learned Additional Sessions Judge, Mandi, Himachal Pradesh (Campt at Karsog) in Sessions Trial No. 8 of 2007, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake) who was charged with and tried for offence under Sections 376 and 506 IPC, has been acquitted.

2. Case of the prosecution, in a nutshell, is that prosecutrix was residing with her uncle. She left the school after passing class 6th. Her father died about four years prior to the incident. Her mother was ill. Prosecutrix, her sister and her younger brother resided in the house of their uncle and one brother resided with her mother. Prosecutrix had gone to jungle six months prior to January 2006, for grazing cattle of her uncle. Accused also used to visit the jungle for grazing the cattle. Accused came to the prosecutrix and started teasing her. When prosecutrix protested, accused dragged the prosecutrix below a big stone and forcibly raped her. She tried to rescue herself but the accused gagged her mouth. Accused also threatened to kill her in case she told the incident to




















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