STATE OF H P Vs. GULAB SINGH AND ORS

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 30.7.1999 delivered by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, in Sessions Trial No. 30 of 1996, whereby he acquitted the accused of having committed offences punishable under Sections 342, 363, 365, 366 and 457 read with Section 34 IPC.

(2.) PW-9 Jitender Mehta belongs to village Sunnam falling within the jurisdiction of Police Station, Pooh in District Kinnaur. On 17.12.1994 at about 8.20 a.m., he lodged a report with the Police Station to the effect that his sister PW-7 Sunita Devi had gone with her cousin PW-8 Santosh Kumari to village Shyaso to attend Losar fair held inside the house of her relative during night hours. When they were sleeping in the house of PW-4, at about 9.00 p.m. accused Gulab Singh accompanied by co-accused Inder Singh, Lobu Ram, Vijay Kumar, Chhering Lal, Aggar Sain, Partap Singh, Sher Singh and Nima Ram, forcibly entered into the room through the window and abducted PW-7. The motive, according to the prosecution was that Gulab Singh wanted to marry PW-7. PW-8 Santosh Kumari came home and informed PW-9 Jitender Mehta and he in turn lodged a report on the basis of which F.I.R. (Ex.PE) was recorded.

(3.) According to the prosecution, after abducting the prosecutrix the accused persons were also joined by the two lady accused Krishna Devi and Karni Devi. The prosecutrix along with some of the accused in two different vehicles went to Sundernagar to the house of PW-6 Sh. R.S. Negi, who is the paternal uncle of accused Gulab Singh. The prosecutrix was kept in the house of PW-6. According to the prosecutrix there also an attempt was made to compel her to marry Gulab Singh but she refused and thereafter her brother and other family members came to Sundernagar and took her back to her home.