Decided on April 02,1991

DHARAM DASS Respondents


D.P.SOOD, J. - (1.) This appeal by state of Himachal Pradesh is directed against the judgment of Additional Sessions Judge, Shimla (Shri A. L. Vaidya as he then was acquitting respondent Dharam Dass for the alleged commission of the offence u/ S. 363, 366 and 376, IPC.
(2.) The prosecution case, in nutshell, is that Kumari Satya, aged fifteen years, a minor, was being looked-after by her brother Shri Sant Ram (P.W. 2), he being her natural guardian because of the death of her parents much earlier to the occurrence. Smt. Devku was the mother-in-law of said Sant Ram (PW-2) and she was also being looked-after, by the latter. On 3/12/1980, the prosecutrix had visited and also stayed for the night with said Smt. Devku at the behest of her brother Sant Ram (P.W. 2). On the following morning, i.e. on 4-12-1980 at about 9.00 a.m., she left her brother's house located at village Cheri, Pargana Pagogi, Police Station, Dhalli. As per the prosecution, the accused had once visited the house of P.W. Sant Ram two years back in connection with some marriage and thereafter, he was on visiting terms with the prosecutrix. Earlier, he had been proposing Kumari Satya, prosecutrix to marry him to which proposal she did not accede. On the fateful day, the accused allegedly kidnapped Kumari Satya by alluring her to marry him and also promised to provide her with better clothings and better amenities of life.
(3.) It is further alleged that accused Dharam Dass also told her (PW-1) that her brother was proposing to marry her some- where else in lieu of receipt of consideration. Thus, the prosecutrix is alleged to have fallen into the trap of the accused, who brought her straightway to Shimla. At that place he took her to District Courts where she also appended her thumb impression to an affidavit in token of having married the accused. Thereafter, Dharam Dass accused aforesaid brought her to the residence of one Shri Mali and kept her in. that house along with him. Then later on, he took her to his house located in village Karialtoo where she was apprised of the fact that she had been married to him in the Court and that both of them can live as husband and wife.;

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