STATE OF H P Vs. HARIMAN

JUDGEMENT

(1.) This appeal is directed against the judgement of the learned Sessions Judge, Mandi in Sessions trial No. 29 of 1994 dated 18th April, 1995 whereby he acquitted the accused of having committed offences punishable under Sections 366, 368 and 376 of the Indian Penal Code.

(2.) The prosecution story in brief is that accused Hariman had kidnapped the prosecutrix from the house of her father. He then took her to village Kateru. From there he took her to the house of co- accused Piara Singh. According to the prosecution, both Hariman and Piara Singh raped the prosecutrix. Further the case of the prosecution is that Piara Singh sold the prosecutrix to one Joga Singh and he also raped the prosecutrix.

(3.) Joga Singh was declared to be a proclaimed offender by the trial Court and trial proceeded against accused Hariman and Piara Singh only. Even Hariman could not be served in this Court and was declared to be a proclaimed offender and therefore, this appeal is being heard qua Piara Singh only.