REGENT COMPUTRONICS PVT. LTD.

STATE OF H.P. Appellant

V/S

SATISH KUMAR Respondents

Referred Judgements :-

NATHA V. EMPEROR [REFERRED TO]
ABDUL MAJID V. EMPEROR [REFERRED TO]
SHEO SWARUP V. EMPEROR [REFERRED TO]
PRANDAS VS. STATE [REFERRED TO]
PRATAP MISRA VS. STATE OF ORISSA [REFERRED TO]
STATE OF MAHARASHTRA VS. MADHUKAR NARAYAN MARDIKAR [REFERRED TO]
MADAN GOPAL KAKKAD VS. NAVAL DUBEY [REFERRED TO]
STATE OF PUNJAB VS. GURMITSINGH [REFERRED TO]
SURESH N BHUSARE VS. STATE OF MAHARASHTRA [REFERRED TO]
VIMAL SURESH KAMBLE VS. CHALUVERAPINAKE APAL S P [REFERRED TO]
UDAY VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF U P VS. PAPPU alias YUNUS [REFERRED TO]
VISHNU ALIAS UNDRYA VS. STATE OF MAHARASHTRA [REFERRED TO]
RAJOO VS. STATE OF M P [REFERRED TO]
TAMEEZUDDIN ALIAS TAMMU VS. STATE OF NCT OF DELHI [REFERRED TO]
MD ANKOOS VS. PUBLIC PROSECUTOR HIGH COURT OF A P [REFERRED TO]
STATE OF U P VS. CHHOTEYLAL [REFERRED TO]
NARENDER KUMAR VS. STATE NCT OF DELHI [REFERRED TO]
O M BABY VS. STATE OF KERALA [REFERRED TO]
GHANASHYAM MISRA VS. STATE [REFERRED TO]
RADHAKRISHNA NAGESH VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF RAJASTHAN VS. BABU MEENA [REFERRED TO]
RAJESH PATEL VS. STATE OF JHARKHAND [REFERRED TO]
STATE OF HARYANA VS. BASTI RAM [REFERRED TO]
JAI KRISHNA MANDAL VS. STATE OF JHARKHAND [REFERRED TO]
PURAN CHAND VS. STATE OF H.P. [REFERRED TO]
MUKESH VS. STATE OF CHHATTISGARH [REFERRED TO]
DAS BERNARD VS. STATE [REFERRED TO]

JUDGEMENT

(1.) Assailing the judgment dated 26.06.2008, passed by the Additional Sessions Judge, Solan, H.P., in Sessions Trial No.8 -S/7 of 2008, titled as State of Himachal Pradesh Versus Satish Kumar, whereby accused stands acquitted, 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 prosecutrix and the accused used to reside as neighbours at Rabon, Solan, H.P. On the false promise of marriage, accused subjected the prosecutrix to sexual assault. This was so done sometime in the month of May 2007. On 22.10.2007, accused brought the prosecutrix to Shimla and ther eafter took her to his native place Seri Basa near Chargaon . Finding the prosecutrix to be missing from home, Bhagat Ram (PW.2), father of the prosecutrix, on 23.10.2007, lodged a complaint (Ex.PW.2/A), on the basis of which FIR No.300/07, dated 23.10.2007 (Ex.PW.13/A) was registered against the accused at Police Station, Solan, H.P., under the provisions of Sections 363 and 366 of the Indian Penal Code. Inquiries made by the parents of the prosecutrix revealed that the accused had left for his village alongwith the prosecutrix. Even tually police apprehended the accused and arrested him. Prosecutrix was with him at that time. Prosecutrix was got medically examined from Dr. Savita Aggarwal (PW.3), who issued MLC (Ex.PW.1/A). Report of the FSL (Ex.PW.18/A) was obtained by the police. Investigation revealed the prosecutrix to be minor and record of her age taken on record. 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.) Accused was charged for having committed offence s punishable under the provisions of Section s 376, 363 and 366 of IPC, to which he did not plead guilty and claimed trial.

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STATE OF H.P. Vs. SATISH KUMAR

Referred Judgements :-

JUDGEMENT

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