STATE OF H P Vs. JAGIR SINGH

JUDGEMENT

(1.) This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Sessions Judge, Sirmaur District at Nahan, dated 16.3.2004, vide which he acquitted the respondents of the charge framed against them under Sections 363, 366, 376 read with Section 34 I.P.C.

(2.) Briefly stated, the facts of the case are that on 17.7.2003 a written complaint was submitted to Deputy Superintendent of Police, Paonta Sahib, by complainant Kundan Singh alleging that his daughter aged about 13 years named S has been forcibly kidnapped by the accused persons on 12.7.2003 and has been kept in their house by them. The girl had gone for grazing and while she had gone near the water tap to take water, she did not return. Now he has learnt that she had been kidnapped by respondent Jagir Singh, his mother Hiro Devi and his sister Neema Devi. On this report, a case was registered and after investigation, the challan was filed before the Court of learned Additional Chief Judicial Magistrate, Poanta Sahib, who committed the case to the Court of learned Sessions Judge, who tried the respondents as detailed above, leading to their acquittal.

(3.) We have heard the learned counsel for the parties and have gone through the record of the case.