LATA KUMARI Vs. HARISH AND ORS.

JUDGEMENT

(1.) Prosecutrix has preferred this appeal against the judgment dated 11.2.2014, passed by learned Additional Sessions Judge, Pathankot, whereby accused Harish @ Monti and Yudhvir Saini, who were summoned to face trial under Section 319 Cr.P.C., were acquitted of the charges framed against them under Sections 363, 366-A and 376 IPC.

(2.) The prosecution story, in brief, is that Sushma, mother of the prosecutrix, approached the police on 22.2.2010 and made a complaint that her daughter, i.e. prosecutrix, aged about 17/18 years, is studying in BA-III year in S.D. College, Khosla Mill, Sarna. Her daughter had gone to attend annual function to be held at her college on 21.2.2010 at 10:30 AM, but she did not return home till 6:00 PM. She and her brother-in-law Ram Ditta went to the college to enquire about the prosecutrix and came to know that prosecutrix had not come to attend the college in the morning. She had suspicion that some unknown boy of village Sarna had kidnapped her daughter by alluring her (prosecutrix) with false promise of marriage. Accordingly, police registered a case under Sections 363 and 366 IPC. During the investigation, it came out that one Gaurav @ Billa, who was already undergoing sentence in case No. 273, dated 9.9.2006 under Section 307 IPC and was on parole from 5.2.2010 to 6.3.2010, has committed the crime. Said Gaurav @ Billa had also jumped the parole. Later on, said Gaurav @ Billa (accused) surrendered in the Court.

(3.) During the course of investigation, the prosecutrix was produced by her father Sham Lal and mother Sushma before the police and her (prosecutrix's) statement was recorded by the police wherein she alleged that accused Gaurav had kidnapped her on the false promise of marriage and accompanied her to different places and had also made physical relations with her on the false promise of marriage and later on against her wishes. When she came to know about the antecedents of the accused Gaurav, she ran away from his custody. Prosecutrix was medically got examined from Civil Hospital, Pathankot.