STATE OF HP Vs. NAMOHAR LAL

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 2.6.2000 passed by learned Sessions Judge, Kullu in Session Trial No. 11/98, thereby acquitting the respondents/accused for the offence under sections 363, 366, 511 read with section 34 IPC

(2.) The prosecution case is that on 17.2.1996 at about 4.30 PM when the complainant Prem Chand was coming in his three wheeler from Manali side along with Yog Raj and Ram Lal and when reached at Chakki Nallah bridge at 5.30 PM, he had seen some girls and the accused persons who were dragging victim-prosecutrix and other girls were trying to save her from the accused. Accused persons pushed the girls aside and they came to the complainant and told that the accused persons are taking the victim forcibly with them in the vehicle. Victim was crying for help. He had immediately gone there and asked the accused persons why they are taking the victim in the vehicle. In the meantime, Yog Raj and Ram Lal also reached there and they helped the victim. According to the complainant, had they not reached the spot, accused would have taken away the victim forcibly with them. The victim was only 17 years of age at the time of incident. As such, the case was investigated and the accused persons were charged for the aforesaid offences and the case was committed to the Session Court.

(3.) In order to prove its case, prosecution has examined PW-1 Nirmala Devi, PW-2 Ram Lal, PW-3 Nawang Sonam, PW-4 Som Lata Sharma, PW-5 P.N. Banyal, PW-6 Sita Ram, HC, PW-7 Chharing Dorje, LHC, PW-8 Prem Chand, PW-9 Victim- prosecutrix, PW-10 SI Balwant Singh.