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2018 Supreme(HP) 1314

TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
State Of Himachal Pradesh – Appellant
Versus
Balbir Singh – Respondent


Advocates Appeared:
Bhupinder Thakur, G.S Rathour, J.S Guleria, Peeyush Verma, Sudhir Bhatnagar, Vinod Thakur, Advocates for the appearing parties.

JUDGMENT

Chander Bhusan Barowalia, J —The present appeal is maintained by the appellant/State, laying challenge to judgment dated 21.09.2007, passed by learned Sessions Judge, Shimla, District Shimla, H.P., in Sessions Trial No. 18-S/7 of 2007, whereby the accused/respondents (hereinafter referred to as "the accused persons") were acquitted for the commission of offences punishable under Sections 363, 366 and 368 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") .

2. The prosecution case proceeds on the basis that on 15.07.2006, Shri Bihari Lal (complainant) reported at Police Station, Chirgaon, that his wife and children used to reside at Rohru. He has two sisters, namely, Smt. Partap Devi and Smt. Ratan Devi. He has further averred that his sister, Smt. Ratan Devi, is married to Shri Mehar Chand and their daughter, prosecutrix (name withheld) is 16 years of age. Smt. Ratan Devi had been divorced by her husband and subsequently she remarried with Shri Partap Singh. The prosecutrix used to reside with him and she studies in 10th class.

    Accused Praja Patti also resides in the same village and is married to one Rohit. He has further contended that in the morning of 02.07.2

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