STATE OF HIMACHAL PRADESH Vs. VIKAS

JUDGEMENT

(1.) STATE has appealed against the judgment dated 28.7.2011 of the learned Additional Sessions Judge, Kinnaur at Rampur, Himachal Pradesh, passed in Sessions Trial No. 8 -AR -7 of 2007/2011, titled as State of Himachal Pradesh versus Vikas alias Vicky, challenging the acquittal of respondent Vikas (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Sections 363, 366A & 376 of the Indian Penal Code.

(2.) PROSECUTION , through the testimony of prosecutrix (PW -12), wants the Court to believe that on 31.12.2006, accused kidnapped the prosecutrix at Narkanda (Himachal Pradesh) and took her to Ambala (Haryana), where she was forcibly subjected to sexual intercourse. Father of the prosecutrix, Raj Kumar (PW -11), finding his daughter not to have returned home, following day, i.e. on 1.1.2007, lodged a complaint at Police Station, Kumarsain, District Shimla, Himachal Pradesh, on the basis of which FIR No. 4/07, dated 1.1.2007 (Ex. PW -7/A), under the provisions of Sections 363 & 366A of the Indian Penal Code, was registered. Police party recovered the prosecutrix on 4.1.2007 from the house of Sushma Mehta (PW -5), whereafter she was got medically examined from Dr. Sudesh Kumari (PW -10), who issued MLC (Ex. PW -10/B). Investigation revealed complicity of the accused in the alleged crime, hence challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 14 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took plea of innocence and false implication and also examined one witness in his defence.