Judgment

DUA, J. :- In this appeal by special leave the State of Haryana has assailed the judgment of a learned single Judge of the High Court of Punjab & Haryana at Chandigarh acquitting the respondent Raja Ram on appeal from his conviction by the Additional Sessions Judge, Karnal, under S. 366, I. P. C. and sentence of rigorous imprisonment of 1 1/2 years with fine of Rs. 50/- and in default rigorous imprisonment for two months.

2. Santosh Rani, the prosecutrix, aged about 14 years, daughter of one Narain Dass, a resident of village Jor Majra, in the district of Karnal was the victim of the offence. According to the prosecution story one Jai Narain, resident of village Muradgarh, close to the village Jor Majra, once visited the house of Narain Dass for treating his ailing sons, Subhas Chander and Jagjit Singh. When the two boys were cured by Jai Narain, Narain Dass began to have great faith in him and indeed started treating him as his Guru. Jai Narain started paying frequent visits to Narain Dass s house and apparently began to cast an evil eye on the prosecutrix. He persuaded her to accompany him by inducing her to believe that though she was made to work in her parents house she was not even given proper food and clothes by her parents who were poor. He promised to keep her like a queen, having nice clothes to wear, good food to eat and also a servant at her disposal. On one occasion Narain Dass happened to see Jai Narain talking to the prosecutrix and felt suspicious with the result that he requested Jai Narain not to visit his house any more. He also reprimanded his daughter and directed her not to be free with Jai Narain. Having been prohibited from visiting Narain Dass s house Jai Narain, started sending messages to the prosecutrix through Raja Ram, respondent who is a jheewar and has his house about 5 or 6 karams away from that of Narain Dass. As desired by Jai Narain, Raja Ram persuaded the prosecutrix to go with him to the house of Jai Narain. On April 4, 1968 Raja Ram contacted the prosecutrix for the purpose of accompanying him to Jai Narain s house. Raja Ram s daughter Sona by name, who apparently was somewhat friendly with the prosecutrix went to the latter s house and conveyed a message that she (prosecutrix) should come to the house of Raja Ram at midnight. The prosecutrix, as desired, went to Raja Ram s house on the night between April 4 and 5, 1968, when Raja Ram took her to Bhishamwala well. Jai Narain was not present at the well at that time. Leaving the prosecutrix there Raja Ram went to bring Jai Narain, whom he brought after some time, and handing over the prosecutrix to Jai Narain, Raja Ram returned to his own house. On the fateful night it appears that Narain Dass was not in the village, having gone to Karnal and his wife was sleeping in the kitchen. The prosecutrix, along with her two younger sisters was sleeping in the court-yard : her elder brother (who was the eldest child) was in the field. It was in these circumstances that the prosecutrix had gone to the house of Raja Ram from where she was taken to Bhishamwala well.

3. On the following morning, when Abinash Kumar, who is also sometimes described as Abinash Chander Singh, brother of the prosecutrix, returned from the field to feed the cattle, the prosecutrix was found missing from her bed. Abinash had returned to the house at about 4 a.m. He woke up his mother and enquired about Santosh Rani s whereabouts. The mother replied that the prosecutrix might have gone to ease herself. After waiting for about half an hour Abinash Kumar went to his grandfather who used to reside in a separate adjoining house and informed him about this fact. After having searched for her unsuccessfully, Abinash went to Karnal to inform his father about it. The father and the son returned from Karnal by about 10 a.m. The search went on till afternoon but the prosecutrix was not found. The father, after having failed in his search for the missing daughter, lodged the first