STATE OF HIMACHAL PRADESH Vs. SURESH KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 29.2.2008, passed by learned Addl. Sessions Judge, Fast Track Court, Shimla, H.P., in Sessions Trial No. 18 -S/7 of 2007, titled as State of Himachal Pradesh v. Suresh Kumar, whereby respondent -accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) THROUGH testimonies of eight witnesses, prosecution wants the court to believe that on 1.10.2006 accused Suresh Kumar kidnapped the prosecutrix (PW -2), minor daughter of complainant Sh. Pania Ram (PW -1), with an intent of compelling her to marry him. On the basis of complaint lodged by PW -1, F.I.R. No. 152/2006, dated 2.10.2006 (Ext. PW -1/A) was registered at Police Station Theog, Distt. Shimla, under the provisions of Sections 363 and 366 of the Indian Penal Code, against the accused. Allegedly accused took the prosecutrix to Chandigarh and Baddi, wherefrom she was recovered. Prosecutrix was got medically examined by Dr. Rama Thakur who issued MLC (Ext. PX). With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined eight witnesses and statement of the accused under Section 313 Cr.P.C. was also recorded, in which he took plea of innocence and false implication. No evidence in defence was led by the accused.