STATE OF HP Vs. TULSI RAM

JUDGEMENT

(1.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of criminal Procedure in reference to judgment dated 17.8.1999, passed by Learned Sessions Judge, Kullu, District Kullu, H.P in Sessions Trial No. 33 of 1998, for the ., offence under Sections 363, 366 and 376 and 120B of the Indian Penal Code, acquitting the alleged accused / respondents, in reference to FIR No. 294 of 1997 dated 28.12.1997 of Police Station, Manali, District Kullu.

(2.) The prosecution case is that on 28.12.1997 at about 8.00 P.M., Shri Dhani Ram has lodged the report alleging that his sister (name not given) had gone at the house of his fatherinlaw Shri Sahi Ram on 27.12.1997, where both the girls victim / prosecutrix X1 and X2, were found absent from the house and on search when they were not traced, the complainant has shown his suspicion that both the girls were taken by Tulsi Ram and Dhan Raj, Gorkhas, residing as tenants at their houses. However, both the Gorkhas were not traceable, in that respect a report was lodged and victim / prosecutrix as well as the accused persons were searched and the victim / prosecutrix X1 and X2 were handed over to their respective guardians.

(3.) After investigation, the accusedrespondents were charged for the above offences and the case was committed for trial to the Sessions Court. In order to prove its case, the prosecution has examined as many as 18 prosecution witnesses, whereas, the accused / respondents through their statement under Section 313 of Cr.P.C., have denied the prosecution case.