THE STATE OF H.P. Vs. OM PARKASH

JUDGEMENT

(1.) ACCUSED -respondent, Om Parkash, produced in custody of ASI Amar Nath, Incharge and HHC Manoj Kumar No. 245, P.P. Nakrod, P.S. Tissa, District Chamba, Himachal Pradesh.

(2.) SHRI Naresh Kaul, Advocate, has been requested to assist this Court as Amicus Curiae and he has agreed to the same. Accordingly, Shri Naresh Kaul, Advocate, has assisted this Court in response to the submissions made on behalf by Shri Rajinder Dogra, Additional Advocate General, for the appellant -State.

(3.) PROSECUTION case is that 01.10.1994, the victim -prosecutrix (name withheld) had gone to the forest, adjoining village Bharara, to collect fuel wood. When she did not return to her home, search was made by her father, Arjun Kumar, but of no avail. After 4 -5 days, i.e., on 05.10.1994, father of the victim -prosecutrix came to know that the accused Om Parkash is also missing since 01.10.1994, as such, a report was lodged and the victim -prosecutrix was recovered from the house of the accused. The accused -respondent was charged for the aforesaid offences and the case was committed to the Sessions Court.