STATE OF HIMACHAL PRADESH Vs. AMRIK SINGH

JUDGEMENT

(1.) THE present appeal has arisen after leave to appeal has been granted under Section 378 (3) Cr. P.C in reference to the impugned judgment dated 6.6.1996, passed by the learned Sessions Judge, Hamirpur, in Sessions Trial No. 12 of 1995, acquitting the alleged accused from the offences under Sections 363 and 366 IPC

(2.) IN order to adjudicate the present appeal, it is necessary to give the factual background of the case. The case of the prosecution was that on the intervening night of 29th/30th July, 1994, the alleged accused Amrik Singh kidnapped the prosecutrix aged about 17 years from her parental house in village Jaskot, where she was living with her father and brother and after doing so, during the same night solemnized marriage with her in the 'Sain Baba' temple at Morsu, in the presence of his family members and the Pujari of the temple. After marriage ceremonies were over, she was taken by the accused to Power House Project at Joginder Nagar in the taxi and from there to Punjab State Electricity Rest House at Barot in the bus, where they reached at about 2 P.M. and stayed in Set No. 2 in the Rest House. Next morning i.e. on 31.7.1994, the police in the company of the prosecutrix's brother arrived in the Rest House and after recovering her, she was entrusted to her brother

(3.) IN order to prove the case, the prosecution has examined as many as twenty two witnesses. Whereas, the alleged accused in his statement under Section 313 Cr.P.C, has denied the prosecution case.