SUMIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) RAJIV Sharma, J 1. This appeal is instituted against Judgment dated 30.8.2013 rendered by learned Sessions Judge, Bilaspur, District Bilaspur, Himachal Pradesh in Sessions Trial No. 9 of 2012, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offences under Sections 363, 366 and 376 of the Indian Penal Code and Section 3 (2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was convicted and sentenced under Section 376 of the Indian Penal Code to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 10,000, and, in default of payment of fine, to further undergo simple imprisonment for one year. He was acquitted for offences under Sections 363 and 366 of the Indian Penal Code and Section 3 (2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) CASE of the prosecution, in a nutshell, is that prosecutrix was studying in 10+1 in Government Senior Secondary School Geharwin. On 17.5.2012, prosecutrix went to attend school as usual at 8.00 am. When she did not return back in the evening, her mother Smt. Satya Devi (PW -2) started searching for her. However, she was unable to find the whereabouts of her daughter. Complaint Ext. PW -2/A was lodged with the police. PW -2 continued to search for the prosecutrix at her own level. On 23.5.2012 she came to know that accused was also missing since 17.5.2012. Therefore, she suspected that her daughter might have been kidnapped by him. Thus, complaint was made to the police vide application Ext. PW -2/B. FIR Ext. PW -17/A was registered against the accused. Information was received on 3.6.2012 that both of them were residing at village Handa Kundi at Nalagarh. Police party and parents of the prosecutrix went to the said place. Prosecutrix was recovered. PW -2 Satya Devi identified her daughter. Site plan was prepared. Accused and prosecutrix were brought to Bilaspur. Since no lady doctor was found in Hospital at Bilaspur, prosecutrix was taken to District Hospital at Mandi. She was examined by PW -1. Accused was also examined. Samples were sent for analysis to Forensic Laboratory Central Range, Mandi. Report is Ext. PW -1/C. Case was investigated. Challan was put up in the Court after completing all codal formalities. Accused was convicted as noticed above. Hence, this appeal.

(3.) MS . Archna Dutt, Advocate has vehemently argued that the prosecution has failed to prove its case against the accused.