STATE OF J&K Vs. RAVI KUMAR

JUDGEMENT

(1.) The State has preferred this Criminal Acquittal Appeal against judgment dated 31.08.2004 passed by learned Principal Sessions Judge, Jammu in case FIR No.160/1996, registered at Police Station, Kahna Chak, under Sections 363/376 RPC, whereby respondent herein stands acquitted of the charges.

(2.) The case of the prosecution is based on occurrence dated 14.12.1996 when complainant, namely, Garu Ram lodged a verbal report with the Police Post Gharota stating therein that on 13.12.1996 at evening he came back from his duty when his wife informed him that his daughter had not come back to home while she left for school at 8.45 in the morning. She was studying in 8 th class at Government Middle School Seeri Panditan and her age is 15/16 years. He searched his daughter at the houses of his relations but she could not be traced. He suspected that Ravi Kumar accused had kidnapped his minor daughter. On this, report No.10 dated 14.12.1996 was entered at Police Station Gharota and a copy of the same was sent to Police Station Kahna Chak for registration of the case under Section 363 RPC. FIR No.160/1996 was registered with the Police Station, Kahna Chak and after investigation a challan under Section 363/376 RPC was presented in the court below.

(3.) After perusing the documents produced by the prosecution under Section 173 Cr.P.C., the court below came to the conclusion that a prima facie case under Section 363/376 RPC was made out against the accused Ravi Kumar and accordingly charge was framed against the accused by the court below on 25.02.1997. The contents of the charge were read over and explained to the accused, who pleaded not guilty and claimed to be tried. The prosecution in order to prove its case had examined the witnesses, namely, Neel Kumar PW-1, Garu Ram PW-2, Rano Devi PW-3, Devi Dayal PW-4, Victim (name of the victim is not disclosed) PW-5 and Gurdev Singh ASI PW-6. Witness Pappu was given up as he has been turned hostile by the prosecution, whereas Dr. Romesh Chander was also given up as he was not necessary witness in the case. The accused has not led any evidence in defence. Court below after trial has acquitted the accused.