STATE OF H P Vs. SHIV CHAND

JUDGEMENT

(1.) This appeal is directed against the judgment, rendered on 5.8.2011, by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P., in Sessions Trial No.26 of 2002/2010, whereby the appellant has been acquitted of the offence punishable under Sections 120-B, 363, 366, 368, IPC and under Section 6 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the Act).

(2.) The brief facts, of the case, are, that the accused, namely, Shiv Chand and Lalita Tamang, are alleged to have committed offences under Sections 363, 366, 368, 120-B of the Indian Penal Code and Section 6 of the Immoral Traffic (Prevention) Act, 1956 recorded, in, FIR No.16 of 2002, registered on 24.3.2002. However, accused Shiv Chand absconded and could not be apprehended. He was under orders rendered on 19.8.2003 declared a proclaimed offender.

(3.) When the stage of recording of prosecution evidence arrived, co-accused Shiv Chand, on 28.2.2011, recorded, a, statement before the learned Sessions Judge to the effect that the statements of the prosecution witnesses as stood recorded, in his absence, be read against him in the same manner as if their respective examinations-in-chief, stood recorded in his absence. Given the statement of coaccused Shiv Chand, who, stood declared a proclaimed offender and in whose absence the statements of prosecution witnesses stood recorded wherewithin he portrayed his acquiescence qua theirs being read as evidence, constrained the learned Sessions Judge to acquit accused Shiv Chand.