State of Himachal Pradesh vs Gurdev Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 462

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Gurdev Singh – Respondent

Advocates Appeared:
For the Petitioner:Mr. Rajan Kahol, Mr. Vishal Panwar, Additional Advocate Generals and Mr. Ravi Chauhan and Mr. Anish Banstu, Deputy Advocates Generals.
For the Respondent:Mr. Digvijay Singh, Advocate.

JUDGMENT :

Sandeep Sharma, J.

Instant Criminal Revision Petition filed under Section 397 and 401 of the Code of Criminal Procedure, lays challenge to order dated 20.10.2023 passed by learned Additional Sessions Judge-1 Mandi, Distt. Mandi, HP in S.T. Registration No.48 of 2020 under Sections 376, 342, 382, 506, 323 and 201 of Indian Penal Code (in short ‘IPC’), whereby, respondent/accused (hereinafter referred to as the ‘respondent’) came to be discharged of the allegations levelled against him.

2. Precisely, the case of the petitioner/State is that learned Court below, while passing impugned order dated 20.10.2023, has failed to appreciate the evidence as well as material adduced on record in its right perspective, as a result thereof, the respondent, who has committed heinous crime under Section 376 of IPC, has been erroneously discharged.

3. While making this Court peruse FIR lodged at the behest of the victim/prosecutrix (name withheld to protect her identity), Mr. Rajan Kohal, learned Additional Advocate General, vehemently argued that on 30.11.2019, while victim/prosecutirx was returning from forest after grazing her mules and horses and had stopped at the shop of the accused to