STATE OF HP Vs. JAGDISH CHAND

JUDGEMENT

(1.) 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 and order dated 14.01.1997, passed by the learned Additional Sessions Judge, Shimla, District Shimla, in Sessions Case No. 32S/7 of 1992, acquitting the alleged accused under Sections 363, 366A, 376, 342, 368 and 212 of the Indian Penal Code in reference to FIR No. 68 of of 1991.

(2.) Whether reporters of Local Papers may be allowed to see the judgment? During the course of arguments, it has been brought to our notice that accusedrespondent No. 3, Kishori Lal, has died, as such, the criminal appeal against accusedrespondent No. 3 is abated.

(3.) Prosecution case in brief is that PW1, complainant, had one son and seven daughters. Victim was 3rd issue of PW1, who was student of 7th standard. On 07.07.1991, PW1 and his wife had left their village to visit a temple and the victim was alone at home. Accused No. 1 Jagdish Chand is alleged to have enticed the victim, took her to Khadrala, Rampur and Chirgaon and sexually assaulted her. On return, on 08.07.1991, PW1 Patia, when could not find his daughter at home, lodged FIR Ex. PW1/A against the accused No. 1 at Police Station, Jubbal, on 15.07.1991 at about 4:30 p.m. and on search, the victim was recovered. After investigation, the accused persons were charged for the aforesaid offences and the case was committed to the Sessions Court.