MAST RAM Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment, of, 7.11.2006, rendered by the learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P., in Sessions trial Nos. 10/2003, 31/2005, whereby he convicted the appellant herein, for his committing an offence punishable under Section 363 of Indian Penal Code (hereinafter referred to as "IPC") also sentenced him as follows:-

(2.) Brief facts of the case are that on 11.1.2009 at about 11 a.m. the prosecutrix (PW-2) daughter of Chuhru Ram (PW-3) aged 15 years was going to knitting Centre Dhaneshwari from her house when on the way accused Mast Ram came in a van and asked her to sit in the van but when the prosecutrix refused to do so then she was forcibly taken inside the van by accused Mast Ram under assurance/allurement of marriage with her thereafter the prosecutrix was brought to Tarna Temple Mandi, where accused against her will garlanded the prosecutrix and told her that they have solemnized marriage. The prosecutrix was thereafter taken by accused Mast Ram to village Sharabain to the house of his maternal aunt namely Dharmi Devi and the prosecutrix was kept there during the night. On 11.2000 accused Tara Devi alongwith mother of accused Mast Ram came to the house of Dharmi Devi and they forced the prosecutrix to wear the dress of bride and asked the accused Mast Ram to take the prosecutrix to kullu for 4.5 days and thereafter to return to his house. Accused Mast Ram kept the prosecutrix with him for 3 to 4 days as his wife and on 16.1.2000 accused Mast Ram asked the prosecutrix to give telephonic call to her parents and told them that she has solemnized the marriage. Accused Mast Ram brought the prosecutrix back to her house on 21.1.2000 then the prosecutrix disclosed that accused Mast Ram has kidnapped her with intention to solemnize marriage with her and he also committed forcible sexual intercourse with her. The matter was thereafter reported to the police. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused persons, challan was prepared and filed in the Court of learned Additional Chief Judicial Magistrate, Sundernagar, who vide order of 28.1.2003 committed the case to the Court of learned Sessions Judge Mandi, H.P., who has assigned the same to the Court of learned Additional Sessions Judge, Mandi and ultimately received by the Court of the Presiding officer, Fast Track Court, Mandi, District Mandi, H.P.

(3.) The accused persons namely Punnu Ram, Bimla Devi, Raju and Tara Devi stood charged by the learned trial Court for theirs committing offences punishable under Sections 120-B, 363, 366 of IPC, whereas accused Mast Ram stood charged by the learned trial Court, for his committing offences' punishable under Sections 120-B, 363, 366, 376 of IPC and under Section 5 of Child Marriage Restraint Act, to, which they pleaded not guilty and claimed trial.