STATE OF HIMACHAL PRADESH Vs. CHUNI LAL

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 18.7.2002, accused was put to trial. In terms of judgment dated 30.12.2004 passed by learned Addl. Sessions Judge, Ghumarwin, Distt. Bilaspur, in Sessions Trial No. 32/7 of 2004/2003 titled as State of H.P. vs. Chuni Lal, accused stands acquitted of the charged offences.

(2.) IT is the case of prosecution that prosecutrix (PW -9) daughter of Sh. Jagdish Chand (PW -10) and Smt. Roshani Devi (PW -11) used to reside at village Kaller. On 17th July, 2002, there was a function of Mundan Sanskar in the house of PW -10. Accused had also participated in the celebration. In the morning of 18th July, 2002, prosecutrix was found missing from her house. 7/5/2014 Page 53 Vinod Kumar Versus State Of Himachal Pradesh Parents searched for the prosecutrix in the locality but she could not be found anywhere. Accordingly PW -10 reported the matter to the Pradhan of the Gram Panchayat who advised that the matter be reported to the police. Accordingly PW -10 lodged F.I.R. No.83/2002 (Ext.PW -10/A), dated 18.7.2002 under Sections 363, 366 IPC at Police Station, Talai. The matter was investigated by HC Suram Singh (PW -13) who along with Pritam Singh, Rajesh and Ramesh Chand (PW -12) searched for the prosecutrix. Ultimately they recovered the prosecutrix from the house of the sister of the accused in Garshankar (Punjab). Custody of the prosecutrix was handed over to her father. She was got medically examined from Dr. G. Goswami (PW -5), Medical Officer, District Hospital, Bilaspur, who submitted her report (Ext.PW -5/C) opining that prosecutrix was not habitual to sexual intercourse but possibility of intercourse could not be ruled out. Investigation further revealed that accused had kidnapped the prosecutrix and confined her at the place of his sister. In order to determine the age of the prosecutrix police took on record school leaving certificate (Ext.PW -8/A) and certificate (Ext.PW -7/B), issued as per the pariwar register. Her radiological examination was also got examined through Dr. B. Bhangal (PW -6) who submitted his report (Ext.PW -6/A) indicating that prosecutrix was between 16 -18 years. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined as many as 17 witnesses and the statement of the accused under Section 313 Cr.PC was also recorded.