CHANDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants have called in question their conviction and sentence passed by the learned trial Court under Sections 363 and 366 read with Section 34 of the Indian Penal Code in Sessions trial No. 23 of 2001, decided on 26th April, 2003, whereby each of them were separately sentenced to undergo simple imprisonment for a period of seven years for the aforesaid offences and also to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one year, under each of the offences.

(2.) The prosecution story as emerges from the evidence on record can be stated thus. The prosecutrix in the month of October, 2000 was aged about 16 years. At that time she was studying in 10th class in Government High School, Tangling in District Kinnaur. The appellants, herein, were running a Dhaba near Tangling bridge. From her village she used to go on foot and cross Tangling bridge to reach her school.

(3.) It is alleged that on 25th October, 2000 when the prosecutrix was returning from the school, her brother PW-7 Surjit Singh, a school going boy, was accompanying her. Appellant Ramesh Chand met her on the way and proposed to marry her, for which she refused. Thereafter on 28th October, 2000, after the school hours, when she was returning to her village the appellants met them near Tangling bridge. Ramesh Chand again proposed her to marry her, she again refused. On this, appellants dragged her forcibly to take her towards village Barang. The prosecutrix raised hue and cry. On this, PW-3 Bhag Puri, PW-4 Mast Ram, PW-6 Vidya Sagar and others, local residents got attracted. All of them except Leelawati reached the spot and relieved the prosecutrix from the clutches of the appellants. PW-8 Leelawati telephonically informed PW-1, Kushal Devi, the mother of the prosecutrix about the occurrence. She came there and took the prosecutrix to the Police Station. She made a complaint Ext.PW-1/A, which finally culminated into FIR Ext.PW-10/A under Sections 363, 366 read with Section 120B of the Indian Penal Code. After completing the investigation, Challan against the appellants was presented in the Court for their trial.