SUNIL KUMAR @ SAHIL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SUB Inspector Ashok Kumar, SHO Police Station Kasauli, Distt. Solan, H.P. is present in Court. Status report filed. Record perused and returned.

(2.) F .I.R. No. 33/13, dated 1.5.2013 under Sections 363, 366 A, 376, 120 B of the Indian Penal Code was registered against Pradeep Kumar and Sunil Kumar @ Sahil at Police Station Kasauli, Distt. Solan, H.P. As per the case of prosecution, both the accused persons are involved in a serious offence. Prosecutrix, who is minor (aged 17 years), allegedly stands sexually assaulted by accused Pradeep Kumar. According to the police, accused took an active role in assisting his co accused Pradeep Kumar in kidnapping the prosecutrix who was subsequently subjected to sexual intercourse. Prima facie, complicity of his co accused Sunil Kumar the present petitioner, in the alleged offence, is borne out from the record. Prosecutrix was recovered from the surroundings of his house. In her statement prosecutrix has also disclosed his overt actions.

(3.) MR . O.C. Sharma, learned counsel for the petitioner has invited my attention to the decisions rendered by a Single Judge of Punjab & Haryana High Court reported in Kuldeep Kumar @ Goldy vs. State of Punjab, 2010 (3) Criminal Court Cases 865 (P&H) as also Allahabad High Court reported in Mahmood Muzaffar vs. State, AIR 1963 Allahabad 127 (V 50 C 45). In my considered view these decisions are based on the factual matrix and do not lay down any ratio of law.