JUDGMENT :

Sanjay Karol, J.

State has appealed against the judgment dated 29.7.2008 of the learned Additional Sessions Judge, Fast Track Court, Kullu, Himachal Pradesh, passed in Sessions Trial No.46/07, titled as State v. Ved Ram, challenging the acquittal of respondent Ved Ram (hereinafter referred to as the accused), who stands charged for having committed offence punishable under the provisions of Section 376 of the Indian Penal Code.

2. It is the case of prosecution that on 30.8.2006, while prosecutrix (PW-2) was alone at home, accused Ved Ram came and forcibly committed sexual intercourse with her. She resisted by raising cries, but accused gagged her mouth. With one hand he gagged her mouth and with another he opened the string of her salwar. Before committing the crime, accused had already opened his pants. The incident was witnessed by Kamla (PW-3), sister-in- law of the prosecutrix. Seeing her, accused picked up his pant and fled away from the spot, leaving behind one of his Chappals. Prosecutrix went to village Trashi and there informed her husband Mahinder Singh (PW-4), who next day, i.e. 31.8.2006, went to the Police Post, Patli Kuhl and informed them. However, police ask