STATE OF HIMACHAL PRADESH Vs. KRISHAN KUMAR

JUDGEMENT

(1.) This is an appeal filed by the State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the Court of learned Sessions Judge, Hamirpur, dated 29.12.1994, vide which the respondent was acquitted of the charge framed against him under Sections 363, 366 and 376 of the IPC.

(2.) The prosecution story in brief is that on 21.6.1992, at about 6.25 p.m., a report was lodged with the police by one Smt. Sureshan Devi that her daughter 'N' (name not mentioned), aged about 14 years, was missing from the house since previous evening. It was alleged that at about 6.00 p.m. on the previous day, the prosecutrix 'N' had asked her mother for permission to visit the house of her friend Fluran Devi at Bohni. She denied the permission but the prosecutrix insisted that she would come back within a short time and thereafter the prosecutrix 'N' left for her friend's house. It was further alleged that when the prosecutrix did not return, the complainant visited the house, of her friend and enquired about 'N' and she was told that the prosecutrix 'N' had not visited her. It was further alleged that she learnt from one Bhola that he had seen her daughter going with one Gulabu Ram. She alleged that the respondent may have enticed her daughter on the pretext of marrying her. On this report, a case was registered. The police recovered the girl in the company of the respondent on 25.6.1992 at Santokhgarh in District Una, H.P. The investigation was conducted and on completion of investigation, the challan was filed in the Court of learned Chief Judicial Magistrate, Hamirpur, who committed the case to the learned trial Court, who tried the respondent leading to his acquittal.

(3.) We have heard the learned Deputy Advocate General for the appellant as well as the learned Counsel for the respondent and have gone through the record of the case.