STATE OF H.P. Vs. R.L.NARAYAN

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal passed by the Ctfurt of Shri K.C. Sood, Sessions Judge, Kangra division at Dharmshala, dated 18.05.1990, whereby respondent R. L. Narayan, who at the relevant tine was an Army personnel, has been acquitted of the charge under Sections 366/376 of the Indian Penal Code.

(2.) The prosecution case is that Raj Kumari (PW -14), who is the prosecutrix in this case is the daughter of Gurbachan Ram, who is also an Army person. At the relevant time, i.e. in September, 1987, he was posted at Holta Camp, Palampur. Respondent was a Havildar and was also posted at the same place. Both of them, i.e. the prosecutrix and the respondent were neighbours. The respondent is married and was living with his family in those days. Both the families were on visiting terms with each other, being neighbours.

(3.) On 11.09.1987, the prosecutrix went to her School as usual to take her papers. After doing so, she left for Palampur in the company of the respondent and did not return home. She was ultimately recovered from Haldwani on 17.10.1987 from the house of Nain Singh (PW -5) where she was living with his family.