AMIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant herein is a convict (hereinafter referred to as 'accused'). He has been convicted for the commission of offence punishable under Sections 363, 366 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years and to pay Rs. 2000.00 as fine for the commission of offence punishable under Sec. 363 of the Indian Penal Code, to undergo rigorous imprisonment for a period of two years and to pay Rs. 2000.00 as fine under Sec. 366 of the Indian Penal Code and to undergo rigorous imprisonment for a period of seven years and Rs. 5000.00 as fine under Sec. 376 of the Indian Penal code. His Co-accused Arpan Kumar, however, has been acquitted of the charge framed against him under Sec. 368 of the Indian Penal Code.

(2.) The prosecution case in a nut shell is that in the year 2008, the prosecutrix was studying in Saheed Makhan Singh Government Senior Secondary School, Pathankot. She had love affair with accused Amit Kumar. Arpan Kumar, his co-accused, was their common friend.

(3.) Pritam Chand (PW2), the father of prosecutrix, a resident of village Gagwal, Tehsil Nurpur, District Kangra at the relevant time was working as SDO in I &PH department at Indora. On 22.5.2008, PW2 was away to Gurgaon in connection with the treatment of his son there. On the next day i.e. 25.2008 around 5.00 a.m. he received a message over telephone from his wife that the prosecutrix (PW1) has not returned from the school. On hearing this PW2 returned to his house on the next day i.e. 24.5.2008. He searched the prosecutrix every where, however, could not be traced out. Ultimately, he came to know that she was seen in the company of accused Amit Kumar at Jassur. PW2 visited the house of the accused. He was also not found present in the house. This had raised suspicion that it is the accused who may have kidnapped the prosecutrix. Therefore, PW2 had lodged the report in Police Station, Nurpur which was registered as FIR No. 144 of 2008.