STATE OF HIMACHAL PRADESH Vs. PRITHVI RAJ @ JOULL

JUDGEMENT

(1.) By way of this appeal, the State has challenged judgment dated 30.09.2011 passed by the Court of learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in RBT SC No. 70- N/VII/10/00, Sessions Trial No. 20/11 vide which, learned trial Court has acquitted the accused for commission of offences punishable under Sections 363, 366-A & 376 of the Indian Penal Code.

(2.) The case of the prosecution in brief was that prosecutrix, daughter of Sher Singh, resident of Jhhikli Khanny was away to Jassur for tution on 16.07.2008, but she did not come back to her house in the evening. Complainant Sher Singh remained under this impression that she might have gone to the house of his relatives. Both on 17.07.2008 and 18.07.2008, Sher Singh searched for his daughter at the houses of his relatives. However, on 18.07.2008 at 10:00 a.m., accused came and asked Sher Singh about the prosecutrix and at the same time, accused told him that she had been taken away by some boys and he was going to search for her. Further, as per the prosecution, on 19.07.2008 accused contacted Sher Singh on mobile and informed him that the prosecutrix was with him. Sher Singh suspected that his daughter had been taken away by the accused to marry with him and accordingly rapat Ex. PW1/A was lodged on 23.07.2008, on the basis of which, police made inquiries from the parents of the accused and in the meantime, accused was contacted by his parents on his mobile phone. In the morning of 27.07.2008, accused and prosecutrix were found in a Khad and they were apprehended there by Sher Singh with the help of villagers. It was disclosed to the police by the prosecutrix that on 16.07.2008, while she was coming back from tution, accused met her in his vehicle at Nagbari and asked her to board the same. Accused waited there for some time for passengers and asked prosecutrix to marry him, to which prosecutrix told him that she was only 17 years old and she wanted to study.

(3.) After the accused was apprehended with the prosecutrix, both were taken to the Police Station, from where they were referred to CHC, Nurpur for medical examination.