STATE OF H.P. Vs. AMRIK SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 04.06.2013, passed by the Additional Sessions Judge, Sirmaur, District at Nahan, H.P., in Sessions Trial No. 12 -N/7 of 2011, titled as State of Himachal Pradesh Versus Amrik Singh, 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 15.02.2010, Smt. Surto Devi (P.W. 2) lodged a report at Police Station, Paonta Sahib to the effect that her daughter i.e. the prosecutrix (P.W. 1) aged about 18 years had left home on the pretext of undergoing training of tailoring course. Same day, Niranjan Singh also reported that his daughter Kuldeep Kaur (P.W. 3) had also left home for Paonta Sahib. ASI Jeet Singh (P.W. 13) searched the missing girls and found them to be staying in the premises owned by Surtu Devi (P.W. 2) at Kala Amb. Initially girls did not disclose anything to the police or their parents, but however on 05.04.2010 prosecutrix lodged FIR No. 112/2010 dated 05.04.2010 (P.W. 1/A) under the provisions of Sections 363 and 376 of the Indian Penal Code, against the accused at Paonta Sahib, District Sirmaur, H.P., stating that the accused enticed her on the pretext of marriage, which he did not solemnize but subjected her to rape. Investigation further revealed that prosecutrix had stayed with the accused at different places, including Chandigarh and Kala Amb. Prosecutrix was got medically examined from Dr. Daljeet Kaur (P.W. 11), who issued MLC (Ex. PW. 11/B). Certificate regarding age of the prosecutrix (Ex. PW. 8/A) was taken on record. Accused threatened the prosecutrix not to disclose the incident to anyone, else she be killed. 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 establish its case, in all, prosecution examined as many as sixteen witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took the plea of false implication.