STATE OF HIMACHAL PRADESH Vs. SUBHKARAN

JUDGEMENT

(1.) State has preferred instant appeal against acquittal of respondent assailing judgment dated 22.04.2014, passed by the Additional Sessions Judge, Judge(II) Kangra at Dharamshala District Kangra, H.P. in Sessions trial in RBT S.C. No. 80J/VII/13/12 dated 22.04.2014, in FIR No. 171/11, registered at Police Station Jawali District Kangra, H.P. under Sections 363,366 and 376 IPC.

(2.) As per prosecution case on 15.07.2011 at about 12.00 (Noon), 17 years old prosecutrix, student of 10th class, while coming back from the school after taking her examination, was kidnapped by respondent from her lawful guardianship from a place Trilokpur with intent to compel her to marry with him and thereafter during succeeding night she was sexually assaulted by respondent against her will and consent in the house of his uncle in village Ghera/Seri.

(3.) On 15.07.2011, police machinery was set in motion by PW-5 Jagdish Chand, father of prosecutrix, by lodging missing Report in Police Post Kotla at about 9.00 PM with request to search his daughter as she had not returned home from school after her examination, which was over at about 12.30 PM.