STATE OF HIMACHAL PRADESH Vs. KANWAR RAM KIRPAL

JUDGEMENT

(1.) THE respondent was tried and acquitted of the offence, charged under Section 376 of the Indian Penal Code. The State felt aggrieved by the impugned judgment of acquittal and filed the present appeal.

(2.) WE have heard and gone through the record of the case. In brief, the prosecution case can be summed up thus: The prosecutrix (16 years) was involved in a case of theft and was lodged in Children Home, Una, where Smt. Bala Rani, the wife of the respondent was working as an attendant. Prosecutrix belonged to Kinnaur District of Himachal Pradesh. Bala Rani, aforesaid procured the bail of the prosecutrix on 20.12.1990 and kept her in her house, where she stayed upto 16.1.1991. Suddenly, the prosecutrix disappeared from the house of Bala Rani. On Whether reporters of local Papers may be allowed to see the judgment? Yes. 28.1.1991, she was traced by the respondent from bus-stand Shimla and was handed over to police in Police Station Boileauganj. She was released by the police on 29.1.1991. Since, Bala Rani, was surety of the prosecutrix, therefore, she alongwith her husband-respondent, made a hunt for her. Ultimately, she was found in Middle Bazar, Shimla on 27.3.1991 and was brought to Una on 31.3.1991 and produced before the Children Court on 1.4.1991. The said Court sent her to the Children Home again.

(3.) ON 4.4.1991, the prosecutrix filed a complaint Ext.PC, to the Presiding Officer (PW4) Children Court, Una, which was forwarded to Station House Officer, Police Station, Una, for investigation. On the basis of it, a case under Section 376 of the Indian Penal Code was registered.