STATE OF HIMACHAL PRADESH Vs. ANIL KUMAR

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 17.11.1995 accused were put to trial. In terms of judgment dated 14.3.2002, passed by the Sessions Judge, Mandi, H.P. in Sessions Trial No. 24 of 1998, titled as State of H.P. versus Anil Kumar and others, all the accused stand acquitted of the charged offences.

(2.) It is the case of prosecution that prosecutrix (PW-2) was residing in the house of her mother Smt. Renuka Devi at Sarkaghat. Prosecutrix has got two brothers, namely Sh. Satish Kumar who is married to Smt. Saroj Kumari (PW-3) and Sh. Tek Chand (PW-5). Both the brothers are having a shop in the bazaar at Sarkaghat. On 17.11.1995 Sh. Satish Kumar was travelling to Delhi in connection with his work. Same day at about 5.00 p.m., accused came in a jeep and parked it outside the house of the prosecutrix. Thereafter, they entered the kitchen and forcibly lifted the prosecutrix to take her away in the vehicle. Prosecutrix raised hue and cry and in the milieu certain utensils in the kitchen fell. Hearing commotion and cries Smt. Saroj Kumari (PW-3) and Smt. Renuka Devi came out of the room towards the kitchen. They witnessed the occurrence of the incident. They rescued the prosecutrix from the clutches of the accused. In this process both the prosecutrix and Smt. Saroj Kumari sustained injuries. Also Smt. Renuka Devi caught hold of pullover worn by accused Anil Kumar and in an 3 attempt to release himself he took off the same and left it behind. Incident was also witnessed by neighbour Smt. Suman Kumari (PW- 4) who also helped in rescuing the prosecutrix. She also took the prosecutrix inside her house. However, before the accused could be caught they ran away from the spot. Sh. Tek Chand (PW-5) brother of the prosecutrix was informed of the incident who shortly arrived at the spot and got in touch with his brother Sh. Satish Kumar on telephone, who advised him to lodge a report with the police. Accordingly F.I.R. No. 253/95, dated 17.11.1995 (Ext. PC) was registered at Police Station, Sarkaghat under Sections 451, 354, 366, 511/34 IPC. Police got the prosecutrix and Smt. Saroj Kumari medically examined from Dr. Vishwa Chander (PW-1) who issued MLCs (Ext. PA and Ext. PB). Pullover was taken into possession by the police who also carried out investigation at the spot. With the completion of investigation challan was presented in the Court for trial.

(3.) The accused were charged for having committed offences punishable under Sections 452, 323, 366, 511 all read with section 34 IPC to which they did not plead guilty and claimed trial.