SUMESH KAPILA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SINCE all the petitions have arisen out of same F.I.R., the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) PRESENT petitions have been filed under section 438 of the Code of Criminal Procedure in case FIR No. 91/2014 dated 15.4.2014 for offences punishable under sections 376 and 120 -B of the Indian Penal Code registered at Police Station, Nurpur, District Kangra, H.P.

(3.) ACCORDING to the averments contained in the police report, Sh. Kuldeep Chand has made statement under section 154 of the Code of Criminal Procedure to ASI Surjeet Singh, I/C P.P. Rahan. According to him, he has retired from B.S.F. He has three daughters and one son. One daughter is married. On 13.4.2014, they were sleeping in their house after locking the door. Dogs started barking. The prosecutrix told him to shoo away the dogs. She asked for keys. He handed over keys to her. He was heart patient. He had taken some medicine. She opened the lock and shooed away the dogs. He got up after five minutes. He saw that prosecutrix was not on her bed. He called her. There was no response. He noticed that bolt of main door was locked. Her brother found that prosecutrix was not traceable. In the morning report was lodged.