STATE OF H.P. Vs. SANJAY SHAH

JUDGEMENT

(1.) THE State is aggrieved by the judgment of acquittal passed by learned Additional Sessions Judge, Shimla, acquitting the accused/Respondent Sanjay Shah for offences under Section 363, 366 and 376 of the Indian Penal Code.

(2.) BRIEF facts of the case are that Sh. Raj Bahadur PW -2, father of the prosecutrix, lodged First Information Report 38 of 2997 at Police Station Jubbal on 17.5.1997, stating that he is permanent resident of Nepal and is running a tea stall at Kuddu for the last four years. He has three daughters and three sons. His daughters Kanta and Susheela are 22 and 18 years and one younger daughter is 16 years. His sons are studying at Teuni. In order to look after them i.e. to prepare their meals etc., during the time when they were preparing for examination, he sent the prosecutrix Sapna to Teuni on 2.4.1997. On 8.5.1997, his son Shiva informed him at Kudu that the prosecutrix had left Teuni for Hatkoti on 14.4.1997 to celebrate Ashtmi and she has not returned thereafter.

(3.) WE have heard learned Counsel for the parties and considered the facts of the case as brought on the record. The learned Additional Advocate General submits that this is a case where the trial Court has gone wrong in appreciating the evidence of the prosecutrix Krishna who appeared as PW -7 and corroborated the prosecution case in each and every detail. He submits that in the facts and circumstances, even if a statement is uncorroborated, conviction can be based on her sole testimony.