KAMAL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instinct of a girl, to be caring, cost life of a 14 years young female, who had gone to collect firewood, so that her midd-leaged foster mother gets warmth and respite from the biting cold of the winters of Manali in Himachal Pradesh. It was 4.00 p.m., on December 15, 2014, when realizing her duty to help her mother, who had brought this girl from a Nepali family seven years before, went to the banks of the River Beas, to collect fuelwood, sharing her household responsibility. The blanket of a meter of snow, fallen three- four days before, had covered every exposed surface. Neither she nor her mother knew that predators are no more wild animals, but the perverts always looking for prey to satisfy their lust on finding a vulnerable girl. When she did not return till 5.30 p.m., and it started getting dark, with days already closest to their shortest, her mother Banti Devi got frightened and inquired in the neighborhood about her daughter. On that un-fateful day, the Sun, as usual, had set in Manali somewhere at 5.15 p.m., and the Moon did not show her face at all. Braving snow, the neighbors did a frantic search to locate her, but could not find her. It had already become very dark, and there were no street lights on these difficult mountainous terrains. Her foster mother made phone calls to her married daughter as well as her daughter-in-law and apprised them about missing of the victim.

(2.) The girl could not be traced and was out of her home in the blood-freezing winters of Manali. After the long cruel cold night, when the day broke, her mother, Banti, along with one Sheetal went in search of the young girl towards River Beas. At one place, the snow had compressed, foot and dragging marks were visible, blood was also lying on such compressed snow and the stones. At some distance, was lying a chopper, somewhat submerged in snow, maybe because of shame, as the girl had faith on it to cut the wood and protect her. At some distance, closer to the River, the pajama, one shoe, and muffler, which the victim was wearing at the time of going to collect fuelwood, lay scattered. On noticing the clothes of her daughter, she returned to the habitat and informed her daughter Rajni and daughter-in-law Sunita who, by the time, had also reached her house. On this Rajni made a phone call to Police Station about missing of the victim. After that, all the villagers made a frantic hunt to search the girl along with the River. The water level of River Beas would have gone up because of the falling tears of the villagers, but all prayers and efforts failed to trace either the girl or her body.

(3.) On receipt of the phone call, the police swung into action. The Investigating officer reached the village, recorded the statement of Banti Devi, the foster mother of the missing girl, under Section 154 of CrPC. The police party reached the spot and lifted the chopper, pajama, string of pajama, dhatu (headgear) with corners stained with blood, one blue color rexine shoe, one out of pair of tops (earring); sealed these in parcels and took in possession. The police also lifted from the spot, the blood along with the blood-stained snow, stored it in a glass bottle, and sealed the same. The police also found hair from the spot, sealed and preserved the same. A photographer took photographs of the place and made a video recording.