STATE OF HIMACHAL PRADESH Vs. ASHOK

JUDGEMENT

(1.) Assailing the judgment dated 26.4.2008, passed by learned Addl. Sessions Judge (I) Kangra at Dharmshala, H.P., in Sessions Case No. 2-B/2005, titled as State of Himachal Pradesh vs. Ashok Kumar & others, whereby respondents-accused stand 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 on 9.9.2004 at about 9.40 a.m. complainant Smt. Guddi Devi (PW-3) had left her children below the courtyard of her house. Soon she heard their cries and noticed accused Ashok trying to kidnap her children. When she raised hue and cry, accused immediately left the spot in a vehicle. She informed the police at police station, Baijnath. Investigating Officer SI Onkar Singh (PW-9) reached the spot and recorded the statement of Guddi Devi which led to the registration of F.I.R. No. 150 of 2004 (Ext. PW-3/A), dated 9.9.2004 at Police Station Baijnath, Distt. Kangra, under the provisions of Sections 364 and 511 read with Section 34 of the Indian Penal Code. Investigation revealed that the vehicle was being driven by accused Rajesh Kumar in which accused Ashok s/o Huri Singh, Savita w/o Ashok Kumar and Ashok Kumar s/o Sarwan Kumar were sitting. 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 were charged for having committed offences punishable under the provisions of Sections 364 and 511 read with Section 34 of the Indian Penal Code to which they did not plead guilty and claimed trial.