LAWS(HPH)-2007-12-38

STATE OF H.P. Vs. NARESH KUMAR

Decided On December 04, 2007
STATE OF H.P. Appellant
V/S
NARESH KUMAR Respondents

JUDGEMENT

(1.) HEARD and gone through the record. Respondents Naresh and Jaggi were sent up for trial for offences punishable under Sections 363 and 366 of the Indian Penal Code, for allegedly kidnapping the prosecutrix, a girl of 15 or 16 years with an intent to force her to marry one of them, namely Naresh Kumar.

(2.) PROSECUTION version, as per report submitted by the Police was that on 25.8.1990, when the prosecutrix, a student of 10th standard in a Government School, was returning home after attending the School, respondent Jaggi met her on the way and allured her that she would be married to the other respondent, namely Naresh Kumar and the latter would pay her Rs. 50,000/- at the time of marriage. The prosecutrix got Whether reporters of the Local papers are allowed to see the judgment? tempted. She went to her home, changed her clothes and then joined respondent Jaggi, who was waiting for her at some distance from her house in a Car. The prosecutrix was then driven in that Car. On the way, respondent Naresh Kumar also joined them. The father of the prosecutrix kept on searching for her up to 28th August, 1990 but could not get any clue. On 28.8.1990, he was approached by respondent Jaggi with the offer that he agreed to the marriage of the prosecutrix with respondent Naresh Kumar. When the matter was reported to the Police by Narain Dass (PW3), the father of the prosecutrix, the prosecutrix was recovered from a room at Totu. Respondent Naresh Kumar was also with her in that room. The room was locked from out side. Key of that room was given by respondent Naresh Kumar to the Police through a window of that room.

(3.) WE have heard the learned Additional Advocate General and perused the record.