STATE OF HP Vs. NARESH KUMAR

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 4th October, 1999, passed by learned Sessions Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No.14-St/7 of 1999, acquitting the respondents / accused persons under Sections 363, 366 and 376 of the Indian Penal Code in reference to F.I.R. No.14 9th of 1999 dated February, 1999 registered at Police Station, Rajgarh. Whether the reporters of the local papers maybe allowed to see the judgment?

(2.) The prosecution case, in brief, was that the victim / prosecutrix (name not given being a minor) was learning tailoring from respondent / accused Naresh Kumar in his shop and was going in the morning and coming in the evening and on 5.2.1999 she did not return back home in the evening. She was not even traceable, therefore, her brother Sanjay Kumar lodged a report with the police at Rajgarh on 6.2.1999. However, on 9.2.1999 it was informed by Shiv Lal and Surat Ram that they had seen the victim / prosecutrix going with the respondent / accused at Rajgarh. In that respect, F.I.R. was lodged. However, the victim / prosecutrix was recovered on 12.2.1999 in the presence of Naresh Kumar from the house of his aunt at Mansa and her custody was given to her father Kalyan Singh.

(3.) After investigation, the respondents/accused persons were charged for the aforesaid offence and the case was committed to the Sessions Court. In order to prove its case, the prosecution has examined as many as twelve witnesses, whereas, the respondents / accused persons, through their testimony under Section 313 Cr.P.C., have denied the prosecution case.