STATE OF HIMACHAL PRADESH Vs. NARENDER KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Additional Sessions Judge, Sirmaur District at Nahan, dated 19.7.2002, vide which the respondent was acquitted of the charge framed against him under Sections 363 and 376 IPC.

(2.) BRIEFLY stated, the facts of the case are that on 8.2.2000, a report was lodged by Smt.Surjit Kaur, mother of the prosecutrix 'X ' that her daughter had gone to the school on 27.1.2000 around 8.30 a.m., who was studying in 10th class. She did not return by the evening and the complainant learnt from a teacher that she had run away from the school at 2.00 p.m. and her bag was also lying in the class. On 28.2.1999, the brother of the complainant, namely, Raj Mal brought back the girl to his house and on inquiry her daughter told her that when she was going to the school in the morning Lucky (accused) met her and told her to come out of the school in the recess, failing which, her brother would be killed. She came out of the school in the recess and the accused took her by giving a threat. They went on foot to Tibetan colony and reached at a village at about 11.00 p.m. and stayed in a house. It was further alleged that they were not willing to report the matter, but when they received threats that their daughter would be taken forcibly, she lodged the report.

(3.) WE have heard Mr.Vivek Thakur, learned Additional Advocate General for the appellant and Mr.B.P. Sharma, Senior Advocate, for the respondent, and have gone through the record of the case.