STATE OF HIMACHAL PRADESH Vs. DEVU RAI

JUDGEMENT

(1.) This appeal has been filed by the State assailing judgment dated 29.12.2009, passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh (Camp at Bilaspur) in Sessions Trial No.5/7 of 2009 of 2010 in FIR No. 94/2006, dated 28.07.2006 under Sections 363, 366 IPC, Police Station, Bharari, acquitting respondent -accused of charges under Sections 363, 366 and 376 of Indian Penal Code.

(2.) As per the prosecution, on 25.7.2006 at about 12.00 (noon) or 1.00 PM, prosecutrix had left her village Dangar informing her sister that she was going to another house of family in village Dakhut. Prosecutrix did not return in evening. Next day, she was not found by her father in village Dakhut. After inquiring from other relatives, prosecutrix was not traceable, therefore, on 27.07.2006 complainant PW -1 Shamsher Singh, father of prosecutrix, had lodged a report Ex. PW -14/A stating therein that his daughter is not traceable and accused Devu Rai who was labourer with complainant is also absent from work since 25th July, 2006. It was suspected in the report that his daughter might have gone with accused.

(3.) On 28.07.2006, PW -6 Ashutosh Kapil, Contractor had informed complaint PW -1 Shamsher Singh that Devu Rai has telephonically informed him that prosecutrix was with him in Rajasthan. Thereafter complainant has lodged FIR Ex. PA bearing No. 94/2006 under Sections 363 & 366 IPC.