STATE OF HIMACHAL PRADESH Vs. VEENA DEVI

JUDGEMENT

(1.) ASSAILING the judgment dated 16.1.2008, passed by learned Addl. Sessions Judge, Fast Track Court, Shimla, H.P., in Sessions Trial No. 20 -S/7 of 2007, titled as State of Himachal Pradesh vs. Smt. Veena Devi & another, whereby respondents -accused stand acquitted, 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 22.3.2006, accused kidnapped two girls PW -4 and PW -8 (names not disclosed) and took them to Aligarh. Accused Sanju had wanted his brother Anil to get married to PW -4. Missing report (Ext. PW -7/A) was lodged by Sh. Anup Thakur (PW -1) father of PW -4, on the basis of which F.I.R. No. 70/2006, dated 29.3.2006 (Ext. PW -10/A) was registered at Police Station East, Shimla, under the provisions of Sections 363 and 366 of the Indian Penal Code. Investigation was conducted by SI -Yodha Ram (PW -12) and after recovery of the girls from Aligarh, their custody was handed over to their parents. 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 twelve witnesses and statements of the accused under Section 313 Cr. P.C. were also recorded, in which they took plea of innocence and false implication. No evidence in defence was led by the accused.