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2022 Supreme(HP) 463

TARLOK SINGH CHAUHAN, VIRENDER SINGH
STATE OF HIMACHAL PRADESH – Appellant
Versus
SHIV LAL @ CHAMPI S/O SHRI AMAR LAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.S. GULERIA.
For the Respondent: MUKUL SOOD.

JUDGMENT :

VIRENDER SINGH, J.

1. State of Himachal Pradesh has preferred the present appeal under section 378 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) against the judgment, dated 20th November, 2020, passed by the learned Additional District and Sessions Judge, Fast Track Special Court Solan, District Solan, H.P. (hereinafter referred to as ‘the trial Court’).

2. By virtue of the judgment, dated 20th November, 2020 (hereinafter referred to as ‘the impugned judgment’) respondent-Shiv Lal @ Champi (hereinafter referred to as ‘the accused’) has been acquitted from charges framed against him, for the commission of offences punishable under Sections 363, 366, 376 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’).

3. Brief facts, as emerge from the report under Section 173 (2) of the Cr.P.C. are summed up as under:

    On 25th August, 2014, the complainant approached the In-charge, Police Post Kishangarh with the complaint that her daughter (name withheld) (hereinafter referred to as ‘the child victim’) had left the home without informing her.

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