STATE Vs. MUSSA

JUDGEMENT

(1.) This appeal under section 417 of the Code of Criminal Procedure has been filed by the State against the judgment of acquittal passed by the learned Assistant Sessions Judge, Mandi, on 30-4-1966.

(2.) Respondents, Musa and Ummar Din, were accused in a case sent up by the police in the Court of the Magistrate at Karsog, District Mandi. The learned Magistrate framed charge against Musa for an offence under sections 363, 366 and 376, Indian Penal Code, and against Ummar Din for an offence under sections 363 and 366, Indian Penal Code, and committed them for trial by the Court of Session at Mandi. They were both tried by the learned Assistant Sessions Judge and were acquitted as stated above.

(3.) The facts as alleged by the prosecution are that on 17-10-1964 Smt. Satyan (Public Witness . 3), wife of Ali Hussain (Public Witness . 1) and Nurbanu (Public Witness . 2), daughter of Ali Hussain from another wife named Smt. Bibi, were returning home from forest with grass loads on their heads. Smt. Satyan reached home alone and informed her husband that Nurbanu had been forcibly kidnapped by four persons from Suin Nala in the forest. On this information Ali Hussain went in search of Nurbanu. He was informed by Supkar Din, a lambardar of Gujjars, that Nurbanu had been kidnapped by Musa and Ummar Din to village Badhras.