STATE OF HIMACHAL PRADESH Vs. DEV RAJ

JUDGEMENT

(1.) Present appeal has been preferred by the State against acquittal of respondent vide judgment dated 19.09.2009 passed by learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr at Rampur in Sessions Trial No. 27 of 2008 in case FIR No. 56 of 2007, registered at Police Station, Bhabanagar, District Kinnaur, H.P. under Sections 363 and 376 of Indian penal Code.

(2.) Respondent was charge sheeted under Sections 363 and 376 of Indian Penal Code for enticing and taking away PW-8 prosecutrix on 24.08.2007 from lawful guardianship of her father from Tapri and committing rape with prosecutrix at different places during 24.08.2007 to 27.08.2007.

(3.) As per prosecution story, PW-8 prosecutrix was found missing since morning of 24.08.2007 and could not be traced anywhere by her parents. It is claimed that co-worker of accused-respondent had informed parents of prosecutrix that accused-respondent had taken her away. It is also claimed by PW-1 Rami Devi mother of prosecutrix that she was telephonically informed by prosecutrix that accused-respondent had enticed her away with promise to marry but it was revealed that respondent was already married and having two children and she was in the house of accused-respondent. Parents of prosecutrix had visited native village of respondent in District Kullu but accused-respondent and prosecutrix were not found there. Thereupon, father of prosecutrix (now deceased) had lodged report Ex.PW-1/B bearing No. 27 dated 28.08.2007 at Police Station Banjar District Kullu Ex.PW-1/B suspecting that respondent has kidnapped his minor daughter PW-8 prosecutrix with false assurance to solemnize marriage with her. Prosecutrix was recovered from house of accused-respondent and was brought to Bhabanagar and FIR Ex.PW-1/A was registered at Police Station, Bhabanagar at 5.40 PM on 29.08.2007.