IMPORTANT POINT
The presumption of innocence in acquittals requires the prosecution to prove guilt beyond reasonable doubt, which was not established in this case.

JUDGMENT :

Sushil Kukreja, J.

The instant appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure against the impugned judgment dated 31.03.2014, passed by learned Additional Sessions Judge, Chamba, District Chamba, H.P., whereby the accused (respondent herein) was acquitted for the offences punishable under Sections 366, 376, 120B and 506 read with Section 34 of the Indian Penal Code (for short “IPC”).

2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:

2(a). The prosecutrix (name withheld) had only passed 3^rd standard and when she was three months old her mother had expired. The mother of the prosecutrix had expired and her father was admitted in a hospital, as both of his legs got fractured. The prosecutrix was brought up by her maternal grand-mother and her maternal grand-father had also expired. The grand-mother of the prosecutrix could not bear the expenses of her studies, therefore, she could not continue her studies, however, she used to reside with her maternal grand-mother.

2(b). It has come in the prosecution story that during the year 2009 one Bimla (wife of accused Vias Dev) visited the house of the maternal grand-mother of the prosecutrix and advised that the government had opened a stitching centre in her house and the prosecutrix might learn stitching. The prosecutrix was admitted in the stitching centre. It has further come in the prosecution story that Bimla’s daughter was married to the brother of accused Ashok Kumar, who also used to visit the stitching centre. Bimla and accused Vias Dev used to induce the prosecutrix to do the job of maid in the house of accused Ashok Kumar. When the prosecutrix used to attend the stitching centre, accused Thakari Devi alongwith her son accused Ashok Kumar came to the house of accused Vias Dev for taking the prosecutrix to her house, as maid. The prosecutrix accompanied accused Thakri and Ashok Kumar to their house to work as a maid. On the subsequent day, when she was asleep in a separate room, accused came there around 9/10 p.m. and committed forcible sexual intercourse with her against her consent. The prosecutrix raised hue and cry, but no one paid any heed. The prosecutrix narrated the incident to the parents of accused Ashok Kumar, who only consoled her, and accused Thakari and Jodha Ram told her that lodging of report with the police would be of no use. The parents of accused Ashok Kumar induced the prosecutrix by saying that she would be accepted as their daughter-in-law and soon marriage would be solemnized. Being swayed by the accused persons and considering her own circumstances, the prosecutrix started living in the house of Thakari Devi. Thus, the prosecutrix stayed there under the belief that she would be treated as the wife of accused Ashok Kumar who too continued to have sexual intercourse with her, representing himself as the husband of the prosecutrix.

2(c). The prosecutrix was made to believe by the accused that soon their marriage would be entered in the panchayat record and she was also allured by him that whenever she would conceive and give birth to a child, good education would be given to the child. Later on, the prosecutrix conceived and accused Ashok Kumar left for Baddi for the job. Whenever, accused Ashok Kumar used to visit his house, he used to have sexual intercourse with the prosecutrix. Thereafter, accused Ashok Kumar started beating her and demanding dowry and Thakari Devi used to abuse her on the pretext that she had not brought enough dowry. Thereafter, a girl child was born and instead of accepting the child, the parents of accused Ashok Kumar started maltreating the prosecutrix and she was asked to leave their house with the new born child. The maternal grand-mother of the prosecutrix had also expired, therefore, with a new born child she had no other option, but to continue to live there. However, ultimately, due to the changed behavior of th