STATE OF HIMACHAL PRADESH Vs. BALBIR SINGH

JUDGEMENT

(1.) Assailing the judgment dated 18.12.2008, passed by learned Additional Sessions Judge (II), Kangra at Dharamshala, H.P., in Sessions Case No.15- N/VII/2008/Sessions Trial No.20/2008, titled as State Versus Balbir Singh, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that on 16.10.2007, prosecutrix (PW.2) was present at Raja-Ka- Talab along with her cousin Shamu Deen (PW.4). Accused Balbir Singh met the prosecutrix and forcibly made her sit in a vehicle. Thereafter she was taken to village Pli near Phagwara (Punjab) and made to stay in the house of sister of the accused. Shamu Deen immediately informed brother of the prosecutrix namely Seraj Deen (PW.5), who in turn, informed his father Rana Deen (PW.6). On 20.10.2007, Seraj Deen lodged a complaint with the police, on the basis of which FIR No.320/2007 dated 20.10.2007 (Ex.PW.5/A) was registered at Police Station, Nurpur, District Kangra, H.P, under the provisions of Sections 363 and 366 of the Indian Penal Code. Matter was investigated by Head Constable Sher Singh No.175 (PW.15). On 22.10.2007, prosecutrix was recovered from the house of sister of the accused in the State of Punjab. Her custody was handed over to her parents. She was got medically examined by Dr.Arti Gupta (PW.1), who issued MLC (Ex.PW.1/B). Radiological and dental age of the prosecutrix was got determined from Dr.Raman Sharma (PW.3). Also school certificate (Ex.PW.4/B) was taken on record. With the completion of investigation, Challan was presented in the Court for trial.

(3.) The accused was charged for having committed an offence punishable under the provisions of Sections 363, 366 and 376 of the Indian Penal Code, to which he did not plead guilty and claimed trial.