STATE OF H.P. Vs. SHUKAR DIN AND ANR.

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 31.12.1996 delivered by the learned Sessions Judge, Chamba in Sessions Case No. 39 of 1994 whereby the accused No. 1 Shukar Din was acquitted of having committed offences punishable under Sections 363 and 366 of the Indian Penal Code and accused No. 2 was acquitted of having committed offence punishable under Section 376 IPC.

(2.) THE prosecution case in brief is that on 26.07.1990 Shri Noor Din and Lasma lodged a complaint with the Police Station Chamba. It was alleged that Lasma's daughter (prosecutrix -F) aged about 11 years and Noor Din's daughter (prosecutrix -H) aged about 9 years were missing from 27.6.1990. According to the averments made in the complaint these two girls had been kept in the house of Mansho. It was further alleged that Mansho and his sister Smt. Ratto thereafter made these two girls board a bus at Chaned, which bus was bound for Jammu. On 26.7.1990 Mansho met the complainant in the bazaar and when confronted by the complaint sought two -three days time to trace the girls. When he was asked to come to the Police Station he fled away. On this basis case under Sections 363 and 366 IPC was lodged on 28.7.1990. However, no progress took place in the case for more than two years.

(3.) THEREAFTER , on the information given by prosecutrix -H, prosecutrix -F was recovered from the house of Zakir Hussain on 11.11.1992 and entrusted to the custody of her uncle. Prosecutrix -F was medically examined by PW -1 Dr. Mrs. Kamlesh Dogra, who found that she was habitual to sexual intercourse and was aged between 14 to 16 years. Prosecutrix -H was also medically examined and it was found that she had not been subjected to sexual intercourse and from physical appearance she was aged between 10 to 14 years. Thereafter, both the accused were arrested and charged with the offences mentioned here -in -above.