STATE OF HIMACHAL PRADESH Vs. SHIV LAL

JUDGEMENT

(1.) State of Himachal Pradesh has preferred the present appeal under sec. 378 of the Code of Criminal Procedure (hereinafter referred to as CrPC') against the judgment, dtd. 20/11/2020, passed by the learned Additional District and Sessions Judge, Fast Track Special Court Solan, District Solan, H.P. (hereinafter referred to as 'the trial Court').

(2.) By virtue of the judgment, dtd. 20/11/2020 (hereinafter referred to as 'the impugned judgment'), respondentShiv Lal @ Champi (hereinafter referred to as 'the accused') has been acquitted from charges framed against him, for the commission of offences punishable under Ss. 363, 366, 376 of the Indian Penal Code (hereinafter referred to as 'IPC') and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act').

(3.) Brief facts, as emerge from the report under Sec. 173 (2) of the CrPC, are summed up as under: On 25/8/2014, the complainant approached the In-charge, Police Post Kishangarh with the complaint that her child victim were made but, her whereabouts could not be ascertained. The complainant had expressed her suspicion that the accused had enticed away the child victim. Lastly, she had stated that the age of the child victim was about 17 years and prayed that the action be taken. The said complaint was forwarded to SHO, Police Station Kasauli, District Solan, where the case under Ss. 363 and 366A IPC was registered. Thereafter, the police machinery swung into motion.