Present appeal is filed against the judgment and sentence passed by learned Sessions Judge Mandi in Sessions Trial No 27 of 2007 titled State vs. Babu Ram and others decided on dated 24.4.2012.

Brief facts of the case as alleged by the prosecution:-

2. It is alleged by the prosecution that on dated 9.7.2007 at Dehar accused persons kidnapped minor prosecutrix in vehicle No. HP-03(T)-4217 with intention to force her to marry with co-accused Babu Ram. It is alleged by prosecution that in pursuance of criminal conspiracy accused persons kidnapped minor prosecutrix aged 15½ years out of lawful guardianship of father of prosecutrix without his consent. It is further alleged by prosecution that co-accused Hem Lata called father of minor prosecutrix on dated 9.7.2007 and told the father of minor prosecutrix to send minor prosecutrix to tailoring centre at Dehar. It is alleged by prosecution that co-accused Hem Lata also personally talked to minor prosecutrix and asked her to come to Dehar tailoring centre. It is alleged by prosecution that thereafter minor prosecutrix went to Dehar and co-accused Hem Lata met the minor prosecutrix at Sheetla temple and took the minor prosecutrix towards bridge. It is also alleged by prosecution that at bridge a white coloured car came and minor prosecutrix was pushed inside the car. It is alleged by prosecution that co-accused Hem Lata gagged the mouth of prosecutrix and threatened the minor prosecutrix to kill her in case she would raise hue and cry. It is alleged by prosecution that thereafter minor prosecutrix was took to Shimla and thereafter co-accused Hem Lata pursuaded the minor prosecutrix to marry with co-accused Babu Ram. It is alleged by prosecution that thereafter minor prosecutrix was brought to Court and her age was wrongly disclosed and documents relating to marriage were prepared with co-accused Babu Ram. It is alleged by prosecution that thereafter co-accused Babu Ram and Hem Lata took the minor prosecutrix to their village Barara Tehsil Sunni and prosecutrix was kept in the house w.e.f. 10.7.2007 till 15.7.2007. It is alleged by prosecution that thereafter in village Barara Tehsil Sunni minor prosecutrix was raped by co-accused Babu Ram. It is alleged by prosecution that when minor prosecutrix did not return to her residential house Hari Dass filed a criminal complaint in P.P. Salapar. It is alleged by prosecution that FIR Ext.PW19/A was recorded and thereafter investigation was started and site plan Ext.PW18/A was prepared and photographs Ext.PW7/A-1 to Ext.PW7/A-4 along with negatives Ext.PW7/A-5 to Ext.PW7/A-8 prepared. It is further alleged by prosecution that thereafter certified copy of family register Ext.PW4/A and copy of birth and deaths register Ext.PW4/B were obtained by Investigating Agency. It is alleged by prosecution that thereafter minor prosecutrix was brought to Salapar on dated 16.7.2007. It is also alleged by prosecution that medical examination of prosecutrix was conducted and as per opinion of medical officer the minor prosecutrix was exposed to sexual intercourse. It is alleged by prosecution that MLC Ext.PW12/A was obtained and thereafter minor prosecutrix was handed over to her parents vide memo Ext.PW1/C. It is alleged by prosecution that application was filed for medical examination of co-accused Babu Ram and thereafter medical examination of co-accused Babu Ram was conducted and as per medical opinion it was found that co-accused Babu Ram was capable of performing sexual intercourse. It is alleged by prosecution that thereafter prosecutrix was referred to zonal hospital Mandi for second opinion where Dr. Namita Verma had given opinion that possibility of sexual intercourse could not be ruled out. It is alleged by prosecution that thereafter vehicle having registration No. HP-03(T)-4217 was seized along with documents vide seizure memo Ext.PW6/