STATE OF HIMACHAL PRADESH Vs. NAND LAL

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 2.5.2003 passed by the learned Additional Sessions Judge, Shimla whereby he acquitted the accused of having committed offences punishable under Sections 363, 366 -A and 342 of the Indian Penal Code.

(2.) THE prosecution case, in brief, is that the prosecutrix, who was aged about 15 -1/2 years and studying in 8th standard was kidnapped by accused Nand Lal with the intention of forcibly marrying her on 11.06.1999 at village Reghain, Tehsil Theog, Distt. Shimla and she was illegally confined by the accused first in his house at Reghain and thereafter in the house of his maternal grand father at Fagu.

(3.) THE mother of the prosecutrix has not been examined in Court. The father appeared as P.W. -1 and has repeated what was written in the F.I.R. It is important to note that as per his version the mother had first sent their son Amin Chand to village Bhalaich who returned and told her that he could not trace out the prosecutrix. According to the version of P.W. -1, who is a head constable, his wife had told him that till evening his daughter did not return and if his version is read as a whole, it appears that the wife went in the evening hours to look for the prosecutrix.