BIHARI LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Accused Bihari Lal (Accused No.1), with the allurement of marriage, took the prosecutrix (PW-14) from Thoeg to Bilaspur (H.P.), where in a hotel he subjected her to criminal assault and thereafter entrusted her custody to accused Suresh Kumar (Accused No.2 and accused Bindra Devi (accused No.4), for solemnization of her marriage with their son Sandeep Kumar (accused No.3) (residents of Hamirpur, H.P.). In crux, this is the case of prosecution.

(2.) All the accused were charged for having committed offences punishable under Sections 363, 366, read with Sec. 120-B of the Indian Penal Code. Additionally, accused Bihari Lal was charged for having committed an offence punishable under Sec. 376 of the Indian Penal Code.

(3.) Finding the prosecution not to have fully established its case, through the testimonies of 22 prosecution witnesses, while acquitting accused Suresh Kumar (accused No.2), Sandeep Kumar (accused No.3) and Bindra Devi (accused No.4), on all counts, trial Court convicted only accused Bihari Lal (accused No.1), for having committed offences under Sections 363, 366 and 376 of the Indian Penal Code and sentenced him as under: