STATE OF HIMACHAL PRADESH Vs. SHER SINGH @ SHERU

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 15.12.1998, delivered by the learned Sessions Judge, Solan in Sessions Trial No. 6-S/7 of 1998, whereby the accused has been acquitted of having committed offences punishable under Sections 363, 366, 376 and 302/201 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that Jeet Ram (PW-1), father of the prosecutrix works as a labourer. On 21st April, 1997, he had gone out to work and returned home at about 1:00 a.m. One of his daughters (name withheld and hereinafter referred to as the victim), was found missing. This daughter was aged about 17 years. His wife told him that the victim might have gone to the house of Prem Raj, brother of Jeet Ram to watch television. Next morning, i.e. on 22nd April, 1997, the victim was not found in the house of Prem Raj. Thereafter, a search was started to find the victim. Next day, i.e. on 23.04.1997, PW-1 Jeet Ram came to know that the accused, who is the resident of the same village, was also missing from the night intervening 21/22-04-1997. Jeet Ram (PW-1) enquired about the whereabouts of the accused from Shri Dharam Singh, brother of the accused. Thereafter, Jeet Ram (PW-1) accompanied by his brother, Roop Ram (PW-3) and Dharam Singh went to Baddi to search for Sher Singh accused in the factory where he used to work earlier.

(3.) On 25.04.1997 from Baddi, Dharam Singh telephoned his sister Gita Devi at Chandigarh and came to know that the accused had visited her on 23.04.1997 for a short while. On 26.04.1997, they all went to Chandigarh and the accused was found in the house of Gita Devi. Jeet Ram (PW-1), father of the victim, enquired about the whereabouts of his daughter from the accused, who told him that the victim had been left behind at Haripur Gurdwara. Despite the request of Jeet Ram, Dharam Singh and the accused refused to help him in tracing the victim. Then, Jeet Ram (PW-1) and Roop Ram (PW-3) came to Haripur and searched for the victim, but could not find her. On the next morning, i.e., 27.04.1997, Jeet Ram lodged the report Ex.-PW14/A at Police Post Kuthar, on the basis of which, F.I.R. Ex.-PW-15/A was registered at Police Station, Kasauli.