STATE OF HIMACHAL PRADESH Vs. HEMANT KUMAR

JUDGEMENT

(1.) By way of present appeal, the State has challenged judgment dated 13.06.2008 passed by the Court of learned Additional Sessions Judge, Fast Track Court, Shimla, Camp at Rohru in Sessions Trial No. 9- R/7 of 2008 vide which, the learned trial Court has acquitted the accused for offences under Sections 363, 366, 376 and 506 of the Indian Penal Code.

(2.) The case of the prosecution was that a written complaint Ex. PW-10/B was lodged on 24th April, 2002 by Sh. Surinder Gupta, father of the prosecutrix with Station House Officer, Police Station, Rohru to the effect that he was a resident of Rohru and used to reside near Ram Leela Ground. He was father of two children and was having one daughter and one son. His daughter (prosecutrix) was about 16 years of age and her date of birth was 16.11.1985. On 29th April, 2002 at around 4-5 p.m., the prosecutrix had gone to Rohru Bazar for shopping. However, she did not return back in the evening. The complainant and his relatives searched for her in the evening. On 23rd April in the evening, the prosecutrix and accused Hemant Kumar rang him up from an unknown place and conveyed that they had tied the nuptial knot. The prosecutrix was minor and she had been enticed away by the accused. Accordingly, he requested that culprit be brought to book and action be taken against him.

(3.) On the basis of the said complaint, FIR No. 60 of 2002 Ex. PW-10/A was registered. The prosecutrix returned to her parental house.