JUDGMENT :

Chander Bhusan Barowalia, J.

The present appeal arises from the judgment of acquittal, dated 12.08.2010, passed by learned Sessions Judge, Hamirpur, H.P., in Sessions Trial No. 8 of 2010. The State of Himachal Pradesh has maintained the present appeal for setting-aside judgment of acquittal and punishing the accused for the offences committed under Section 376 and 506 of Indian Penal Code.

2. As per the prosecution, the prosecutrix (name withheld) made a statement, Ex. PW-8/A, before the Police that she was married with Shri Satish Kumar, resident of Village Bharoli, Tehsil Jawalamukhi, District Kangra, H.P, on 04.04.2017, in the office of Sub Divisional Magistrate, Hamirpur, H.P. Subsequently, prosecutrix and her husband started residing in the house of her husband’s 'mausa’ at Sujanpur. They stayed there with effect from 04.04.2007 to 15.04.2007. On 10.04.2007, the prosecutrix was alone in the house, as her mausi, Smt. Pawana Devi, her daughter-in-law and her dever had gone to the local bus-stand to see off the daughter of the accused. At about 12 noon, the accused entered into the room of the prosecutrix, bolted the door from inside and committed rape on the prosecutrix.