STATE OF HP Vs. SHER SINGH

JUDGEMENT

(1.) Mr. Malay Kaushal, Advocate, is requested to assist the Court as amicuscuriea and he has kindly agreed for the same.

(2.) The present criminal appeal has come-up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to the impugned judgment dated 15.11.1996, passed by Chief Judicial Magistrate, Mandi, H.P., in Police Challan No. (65-II/94) 1 Whether the reporters of Local Papers may be allowed to see the judgment? 148-I/95, acquitting the respondent-accused for the offence ,under Section 363 of the Indian Penal Code.

(3.) The prosecution case is that Roshan Lal complainant, resident of village Ropa-Thathar, Tehsil Sarkaghat, District Mandi, H.P. was having three sons and two daughters. His daughter victim/prosecutrix, aged about 17 years, was student of 10th class. On 28.3.1994 victim/prosecutrix went to the school and did not return in the evening and despite search nothing was known about her. Accordingly, FIR Ext.PW2/A was lodged on 1.4.1994. During investigation, police recovered victim/prosecutrix on 14.4.1994 from the house of Shri Khajana Ram, resident of Ghamanu vide memo Ext.PA. During investigation, it was noticed that sometimes in October 1993 the victim/prosecutrix was sexually assaulted by the respondent- accused and during that process victim/prosecutrix became pregnant and respondent/accused told the victim/prosecutrix on 26.3.1994 to go to Bilaspur for termination of pregnancy. Accordingly, respondent/accused met her at Bilaspur but the pregnancy could not be terminated, therefore, they went to Ghamanu so that the termination of pregnancy could be made. After reaching the house of the Khajana Ram, respondent/accused also sexually assaulted the victim/prosecutrix. Police got the victim/prosecutrix medically examined and found that the victim/prosecutrix was pregnant which was got terminated by her and victim/prosecutrix was between 17 to 19 years However, on investigation the respondent/accused was charged for the offence under Section 363 of the Indian Penal Code.