STATE OF HIMACHAL PRADESH Vs. RAJ KUMAR

JUDGEMENT

(1.) The present appeal has been filed by the State against Judgment dated 22.3.2013 rendered by the learned Additional Sessions Judge, Mandi, District Mandi, HP, in Sessions Trial No. 12 of 2009, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offences under Sections 363, 366 and 376 IPC, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 8.8.2009, Ghinder Singh reported the matter to the police on the basis of which an FIR No. 224/2009 was registered for offences under Sections 363, 366 and 376 Penal Code against accused on the allegations that his daughter (prosecutrix) aged 17 years, on 5.8.2009, at about 6.30 AM had gone to Sundernagar from home but has not returned to the home in the evening. He searched for his daughter at all possible places but she was not found. He suspected that she had been taken away by the accused with him forcibly for the purpose of marriage. Prosecutrix was recovered during the investigation from Tanda along with accused. Her medical examination was conducted. Her clothes, vaginal slides etc. were sent for chemical examination. Opinion of the Medical Officer was obtained. Accused was arrested. His medical examination was got conducted. Statements of the witnesses were recorded. Birth certificate of the prosecutrix was also obtained along with copy of parivar register. During investigation, it has come on record that on 5.8.2009, accused forcibly took away the prosecutrix with him to Chandigarh with the promise to marry and had sexual intercourse with her against her wishes. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as eleven witnesses to prove its case against the accused. Accused was also examined under Sec. 313 CrPC. He pleaded innocence. Trial Court acquit the accused as noticed above. Hence, this appeal.