STATE OF HP Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 3.12.1997, accused were put to trial. In terms of judgment dated 8.10.1998 passed by the learned Sessions Judge, Solan, H.P. in Sessions Trial No. 10-K/7 of 1998 titled as State of H.P. vs. Shakuntala & Ors., accused persons stand acquitted of the charged offence.

(2.) On the basis of the complaint made by Sh. Ram Swaroop (PW-13), F.I.R. dated 17.3.1998 (Ext.PW- 11/A) was registered with Police Station, Kandaghat under Section 363 IPC. As per the complainant, on 3.12.1997 his daughter (prosecutrix) suddenly left home. He searched for her Whether reporters of Local Papers may be allowed to see the judgment? where his relatives reside. On 16.3.1998 he was informed by one Chanan Singh (PW-3) that prosecutrix had been seen in the house of accused Shakuntala Devi, resident of Kot Ranjha, District Nawa Sahar, Punjab. His minor daughter had been taken away without his permission and was removed from his lawful custody and kept by the accused at some place. With the registration of the F.I.R., ASI Anil Kumar (PW-14) started the investigation by visiting village Kot Ranjha where he was informed by Shakuntala Devi (accused No.1) and Sucha Ram (accused No.2) that they had earlier sold the prosecutrix to Mohna (accused No.4) and then later on to Balwant Singh (accused No.3). House of Balwant Singh at village Jatan Majra, Police Station Kathgarh, Punjab was raided and the girl was recovered from his custody. She was handed over to her parents i.e. father Ram Swaroop (PW-13) and mother Roshni Devi (PW- 2). The accused persons were arrested and the statements of the witnesses were also recorded. The prosecutrix and the accused persons were got medically examined and their medical record was taken by the police. To ascertain the age of the prosecutrix she was got medically examined and the record of the Panchayat was also taken on record.

(3.) With the completion of the investigation, challan was presented in the Court for trial and accused Shakuntala Devi was charged for having committed offences punishable under Sections 363, 366-A, 372 & 376 read with Section 120-B IPC; accused Mohna was charged for having committed offences punishable under Sections 376, 373, & 368 IPC; accused Sucha Ram was charged for having committed offences punishable under Sections 363, 366-A, 368, 376 & 372 read with Section 120-B IPC and accused Balwant Singh was charged for having committed offences punishable under Sections 376, 373 & 368 IPC. The accused persons did not plead guilty and claimed trial.