STATE OF HIMACHAL PRADESH Vs. AVDESH SAHANI

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 8.4.203 passed in Sessions Trial No. 29 of 2002 by Sessions Judge, Mandi, H.P.

(2.) THE prosecution case is that the victim/prosecutrix below the age of 18 years was taken up from the lawful guardianship of her brother to some other place by the accused, who was working as labourer in the family of brother of the victim/prosecutrix. The victim was taken at different places and they stayed in the house of relatives of the accused. The victim/prosecutrix was recovered by the police from the custody of the accused at Sonepat. After investigation, the accused/respondent was charged for the offences under Sections 363, 366 and 376 of the Indian Penal Code.

(3.) ON analysis of the prosecution witnesses and material on record, PW -4, victim/prosecutrix has very categorically stated that while she was studying in 10th class in Government High School, Urla, was of the age of 17 years and was knowing the accused who was working with her brother as a labourer for laying chips flooring and the accused used to visit their house. She stated that she was enticed by accused to marry him by saying that he was having a good house and was having plenty of money. The accused after finishing the work left the house in February, 2002 and thereafter came again in March, 2002 and stayed for a night to the place of victim and allured the victim and took her in jeep up to Narla and then from there they boarded a bus to Mandi.