STATE OF HIMACHAL PRADESH Vs. SANJAY KUMAR

JUDGEMENT

(1.) These appeals would call in question, the impugned Judgment of acquittal dtd. 28/12/2015 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 4246 of 2013 and Criminal Appeal No. 4273 of 2013 setting aside the conviction and sentence of accused/Sanjay Kumar under Ss. 363, 366, 376 and 201 read with Sec. 34 of the Indian Penal Code, 1860 [(for short, 'IPC')], and accused/Chaman Shukla under Sec. 201 read with Sec. 34 IPC imposed by the Sessions Judge, Bilaspur (H.P.) in Sessions Trial No. 8/7 of 2012 arising out of FIR No. 47 of 2012 dtd. 31/3/2012, registered at P.S. Barmana, District Bilaspur (H.P.).

(2.) The prosecution case in brief is that on 30/3/2012, Parkash Chand (PW-5), father of the prosecutrix, was addressing religious story ('Katha') in Sri Naina Devi temple at Sohra Buins and his wife Shanta Sharma along with her daughter Tanu Sharma (PW-2) and the prosecutrix aged about 14 years (PW-13) also went to listen the Katha. During Katha, PW-2 asked the prosecutrix to take her son, aged about two years, to bed for sleeping in a room of the temple. After a long time, when the prosecutrix did not return, PW-2 went to the room where she found her son sleeping, but did not find the prosecutrix in the room. Upon this, PW-2 informed her in-laws and others and started searching for the prosecutrix but remained unsuccessful. They raised a suspicion that the accused/Sanjay Kumar had kidnapped the prosecutrix. PW-2 called her husband Narender Shail (PW-1) who made a complaint at the Police Station, Barmana, District Bilaspur and on that basis, FIR was registered.

(3.) We have heard learned counsel for the parties and perused the records. Learned counsel have taken us through the entire evidence on record.