STATE OF HP Vs. ANIL KUMAR

JUDGEMENT

(1.) Mr. Malay Kaushal, Advocate has pleaded no instruction, therefore, Miss Shwata Julka, Advocate is appointed as legal aid counsel at state expenses to assist this Court for which she has been supplied brief of the case.

(2.) 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 dated 1.5.1997, passed by learned Sessions 1 Whether the reporters of Local Papers may be allowed to see the judgment? Judge, Solan, H.P. in Sessions Trial No. 11-S/7 of 1996, acquitting the respondents-accused for the offence, under Sections 366/354 of the Indian Penal Code, in reference to FIR No. 6/96, Police Station, Parwanu.

(3.) The prosecution case in brief is that the victim/prosecutrix (name not given), daughter of Shri Nek Ram, aged about 16 years on 7.1.1996 at about 3.00 P.M. had come to Sector-5, Parwanu for purchasing sweets and one Anil Kumar(respondent-accused) happened to drive the jeep in a nearby village Dhaggar dragged the victim/prosecutrix inside the Maruti Van, which was being driven by respondent-accused Dinesh Kumar. Both the respondents/accused drove the Maruti van towards Parwanu which was stopped near village Khera. Victim/prosecutrix raised alarm. On hearing the alarm, Dr. Santosh and Hari Mohan reached there and saved the victim/prosecutrix from the clutches of the respondents-accused and respondents-accused drove the van towards Kalka. The entire story was narrated by the victim/prosecutrix to her mother Smt. Sheela Devi. Dr. Santosh took the victim/prosecutrix to Police Station, Parwanu. Accordingly, FIR No. 6/96 was registered. During the course of investigation, it was revealed that respondent-accused Dinesh Kumar asked the victim/prosecutrix to sit on the rear seat of the van and thereafter she was molested and respondent-accused Anil Kumar also tried to do the same thing. After completion of investigation, both the respondents-accused were charged for the aforesaid offences and case was committed to the Sessions Court.