STATE OF HIMACHAL PRADESH Vs. RAVINDER KUMAR

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 12.8.2008 rendered by the learned Additional Sessions Judge, Fast Track Court, Una, District Una, Himachal Pradesh in Sessions Case No. 15/07, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sections 363,366 and 376 IPC, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that the complainant is a house wife. She was residing in her house in village Saloh Beri, alongwith her husband and a daughter. Her husband is an Ex-serviceman and is a heart patient. Her daughter (prosecutrix) was studying in 9th standard in Maharishi Vidya Mandir School, Daulatpur Chowk. Accused was running a tailoring shop near the house of the complainant and was residing in the house of his aunt Bishambari Devi. On 6.7.2007, the complainant and her above mentioned family members went to sleep at about 10.30 PM. At around 12.30 AM, (midnight) Sh. Hari Singh, brother of the father-in-law of the complainant asked her to give torch so that he may take care of the cattle. At that time, prosecutrix was sleeping in the house with the complainant. But in the morning on 7.7.2007, at about 5.30 AM, when she woke up, she saw that the prosecutrix was not there. Thereafter, complainant and her family members searched for her the whole day but without success. Accused was also found absent from the village. So the complainant suspected that the accused had kidnapped her daughter. Accordingly, she reported the matter to the police through her complaint/ statement under Section 154 CrPC Ext PW-12/A upon which FIR Ext PW-12/B was recorded in the Police Station, Gagret. Prosecutrix was recovered from the company of the accused from Industrial Area Jalandhar. She was got medically examined at CHC Daulatpur. Her clothes were also taken into possession and her vaginal swab and blood sample were taken and sent to the chemical examiner. Accused was arrested on 12.7.2007 and he was also got medically examined at CHC Gagret. Police also got ossification test of the prosecutrix at Dr. Rajinder Prasad Government Medical College, Dharamshala. The birth certificate of the prosecutrix was also obtained. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as 24 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.