RAVI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant appeal has been instituted against Judgment dated 17.7.2014 rendered by learned Sessions Judge, Shimla -cum -Special Judge (under Protection of Children from Sexual Offences Act, 2012) in Sessions Trial No. 24 -S/7 of 2013, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offences under Sections 363, 366 -A and 376 of the Indian Penal Code and Section 5(1) and 6 of the Protection of Children from Sexual Offences Act, 2012, was convicted under Section 5(1) and 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 5,000/ -, in default of payment of fine, to further undergo simple imprisonment for three months. However, he has been acquitted for commission of offence under Sections 363, 366 -A and 376 of the Indian Penal Code.

(2.) CASE of the prosecution, in a nutshell, is that father of the prosecutrix PW -2 lodged a missing report with the police that his minor daughter had gone missing since 29.3.2013 when she went to buy washing powder. She did not come back. Complainant also made efforts to trace her in the neighbourhood and relations at Krishna Nagar, Punjab and Delhi. He came to know that his minor daughter had been kidnapped by accused Ravi Kumar on the promise to marry her. Her date of birth was 7.6.1996. Complainant/father of the prosecutrix alongwith other police officials made efforts to trace her. Prosecutrix was recovered from Bhatinda with accused Ravi Kumar. Prosecutrix was medically examined by Dr. Nishi Sood. She issued MLC Ext. PW -7/C. Accused was also medically examined by Dr. Nalneesh Verma. He issued Ext. PW -13/A. Investigation was completed and Challan was put up in the Court after completing all the codal formalities.

(3.) MR . Loveneesh Kanwar, Advocate, has vehemently argued that the prosecution has failed to prove its case against the accused.