STATE OF HIMACHAL PRADESH Vs. MANOJ KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 14.10.2001 accused was put to trial. In terms of judgment dated, 20.8.2004, passed by the Ld. Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P. in Sessions Trial No. 6 of 2003, titled as State versus Manoj Kumar, accused stands acquitted of the charged offences. It is the case of prosecution that prosecutrix (PW -1) was born on 16.6.1987. She used to live with her father Sh. Krishan Dev (PW -2) and mother Smt. Viasmani (PW -5) at Village Kalpa, District Kinnaur, H.P. Accused Manoj Kumar used to work in village Kalpa and was on visiting terms with the family of prosecutrix. On 14.10.2001 accused took the prosecutrix to the forest in village Kalpa. There he forcibly committed sexual intercourse with her and promised to marry her. Thereafter he took her from Kalpa to Rampur, Shimla and finally to Kullu where they lived together for about 4 months. In the morning of 15.10.2001, PW -2 found his daughter to be missing and as such lodged F.I.R. No. 50 of 2001 (Ext. PW 2/A), dated 15.10.2001 under Sections 363, 366 IPC at Police Station R/Peo, against the accused. Police searched for the accused and the prosecutrix but could not find them anywhere. Some time in the month of February, 2002, prosecutrix felt home sick and asked the accused to take her to the house of her parents. As such on 27.2.2002, accused brought her back to Kalpa. There she narrated the incident of kidnapping and rape to her parents and the very same day, police recorded her statement (Mark PW 1/A) under Section 161 Cr. P.C. and arrested the accused. Police got the prosecutrix medically examined from Dr. Anita Negi (PW -11), who gave her opinion that prosecutrix was not virgin and there was evidence of recent sexual intercourse. Skeletal age of the prosecutrix was also got determined and as per medical record (Ext. PW 11/H) and opinion (Ext. PW 12/A) given by Dr. Usha Sharma duly proved by Dr. Suman Gupta (PW -12) prosecutrix was between 15 to 16 years of age. In that regard police also obtained certificate (Ext. PW 3/A) from the school where prosecutrix was studying as also birth certificate (Ext. PW 4/A) issued by Gram Vikas Adhikari. Statements of the material prosecution witnesses were recorded and with the completion of investigation challan was presented in the Court for trial.

(2.) ACCUSED was charged for having committed offences punishable under Sections 363, 366 -A and 376 IPC to which he did not plead guilty and claimed trial.

(3.) COURT below acquitted the accused of the charged offences, hence the present appeal.