STATE OF HIMACHAL PRADESH Vs. GULBIR

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 28.10.2000, passed by the learned Additional Sessions Judge, Mandi, H.P. in Sessions Trial No. 29 of 1995, acquitting the alleged accused for the offences under Sections 363, 366 and 376 of the Indian Penal Code.

(2.) THE prosecution case, in brief, is that the victim- prosecutrix was taken on 18.2.1995 by the accused persons to their place by alluring for marriage where the respondents-accused had committed sexual assault on the victim-prosecutrix against her wishes. Victim-prosecutrix was accompanied accused Brij Pal on 18.2.1995 and thereafter on 20.2.1995, a complaint regarding her missing was lodged by her father and she was recovered on 24.2.1995. THEreafter she was medically examined. On the basis of the complaint, the accused were charged for the aforesaid offences and the trial was conducted by learned Additional Sessions Judge, Mandi.

(3.) IN order to prove as to whether the victim-prosecutrix was minor at the relevant time and was taken against her wishes and was sexually assaulted without her consent, we have to see the testimony of the prosecution witnesses and materials on record.