ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed against the conviction of the appellants under Section 366 -A read with Section 511 IPC. The allegation is that the appellants tried to abduct their daughter who was living with her grand parents at the instance of one Sunita Sharma who used to indulge in immoral trafficking for the purpose of pushing her into flesh trade. The second allegation was that they had tried to set on fire the house of the grand parents of the complainant.

(2.) AT the very outset it is not disputed that aforesaid Sunita Sharma has been acquitted. The case was initiated on a complaint made by the daughter of the appellants to the Human Rights Commission. In that complaint she made no allegation that her parents wanted to drag her into immoral trafficking but only stated that her parents wanted to take her back and she did not want to go with them. No time, date or place was mentioned where they may have attempted to abduct her. It was only in her statement under Section 161 Cr.P.C. and in Court that she stated that on 24.10.2001 her parents came to the house of her grandparents along with aforesaid Sunita Sharma and insisted that she should accompany them.

(3.) WHEN she refused they left but her mother 'hit the door of the house.' The trial Court held that the offence under Section 436 IPC read with Section 511 IPC was not proved and consequently acquitted the appellants under that Sections and that part of the order has become final.