STATE OF UTTARAKHAND Vs. SUBHASH AND OTHERS

JUDGEMENT

(1.) Present appeal is filed against the judgment and order dated 07.12.2009 passed by Second Additional Sessions Judge, Haridwar in Sessions Trial No. 266 of 2005 whereby accused / respondents, herein, were acquitted from the charge punishable under Section 364A IPC.

(2.) We have requested Ms. Lovely Grover, Advocate, to assist the Court as Amicus Curiae on behalf of accused / respondent and she has happily accepted our request.

(3.) Brief facts of the present case, inter alia, are that PW1 Satya Pal has reported to the police station Laksar on 05.09.20004 that in the evening of 04.09.2004 at about 08.30 p.m. his two sons namely Sanjay Kumar (PW2) and Sanjit Kumar @ Fauji (PW3) went to their agriculture field to protect their groundnut crop; after reaching the agriculture field, his younger son Sanjit Kumar @ Fauji (PW3) went to Machan to sleep while his elder son Sanjay Kumar (PW2) remained in the field to protect groundnut crop; at about 05.30 a.m. in the morning, Sanjit Kumar @ Fauji (PW3) did not find his elder brother in the field; Sanjit Kumar @ Fauji (PW3) searched for his elder brother Sanjay Kumar (PW2), however, he could not be traced; Sanjit Kumar @ Fauji (PW3) narrated the entire incident to PW1 Satya Pal, after returning from the agriculture field, therefore, missing report may be registered.