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2021 Supreme(HP) 821

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
STATE OF HIMACHAL PRADESH – Appellant
Versus
KULDEEP, SON OF SH. MOHAN LAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SH. ASHOK SHARMA, ADVOCATE GENERAL, WITH SH. RAJINDER DOGRA, SENIOR ADDITIONAL ADVOCATE GENERAL, SH. SHIV PAL MANHANS, ADDITIONAL ADVOCATE GENERAL AND MR. BHUPINDER THAKUR, DEPUTY ADVOCATE GENERAL
For the Respondent:SH. V.S. CHAUHAN, SENIOR ADVOVATE WITH SH. AVINASH SHARMA, ADVOCATE

JUDGMENT :

2. By way of instant appeal, appellant has assailed the judgment of acquittal dated 28.11.2020 passed by learned Additional District & Sessions Judge, Fast Track Special Court, Solan, District Solan, H.P. in Sessions Trial No. 30-S/7 of 2020/2016

3. Respondent herein was charged and prosecuted for offences under Sections 363, 366 and 376 of the Indian Penal Code (for short ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

4. The prosecution of respondent was result of investigation carried out in pursuance to registration of FIR No.03 of 2016 dated 8.1.2016 at Police Station, Arki, District Solan, H.P. The above noted FIR was registered on the complaint of Ganga Ram S/o Sh. Pahal Singh. It was alleged by him that respondent herein used to meet his daughter (victim). Despite advice, respondent used to roam in or around his house. In the evening of 07.01.2016, at around 6.00 P.M. respondent had enticed the victim and had kidnapped her with intention to marry her.

5. During investigation, the victim was recovered on 17.01.2016 from the company of the respondent from village Haripur, Tehsil Chakrata, Vikasnagar, Dehradun.

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