NARENDER THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Appellant hereinafter referred to as "accused" was tried and convicted by the learned trial Court for the offence punishable under Section 363 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 1000/ -. In default of payment of fine he was further ordered to undergo simple imprisonment for a period of 2 months, for allegedly kid -napping the prosecutrix (aged 9 years). Hence the present appeal by the convict precisely on the grounds that the learned trial Court did not appreciate the evidence of the prosecution in the right perspective , the accused was falsely implicated and also that the delay in lodging the FIR is not properly explained in the instant case.

(2.) IN short, prosecution story can be stated thus. In the year 2004, prosecutrix was a student of 4th standard, studying in the Government Primary School Nehrian. On 1.1.2004 between 3 or 4 p.m. when she was returning to her home, while passing through the area of village Dharu, accused met her at a lonely place just across dhaba of PW3 Teju Ram. She was picked -up and taken behind the bushes by the accused. Prosecutrix cried for help by which Teju Ram aforesaid got attracted and rushed to the spot to rescue the prosecutrix. On seeing Teju Ram at a distance, accused left the prosecutrix and escaped. Few more persons also came on the spot.

(3.) ON 5.11.2004 Mohinder Singh along with the prosecutrix, Pradhan of the Panchayat, B.D.C member Ram Lok and PW3 Teju Ram went to police station, filed a complaint Ext. PW1/A which ultimately culminated into FIR Ext. PW7/A.