State of H.P. vs Mohan Lal - 2026 Supreme(HP) 251

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 251

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Mohan Lal – Respondent

Advocates Appeared:
For the Petitioner:Mr Prashant Sen, Deputy Advocate General
For the Respondent:Mr Karan Sharma, Advocate, vice Mr Atharv Sharma, Advocate.

JUDGMENT :

RAKESH KAINTHLA, J.

The present revision is directed against the judgment dated 12.03.2015, passed by learned Additional Sessions Judge-I, Kangra at Dharamshala, H.P. (Circuit Court at Nurpur) (learned Appellate Court), vide which the judgment dated 25.03.2010 passed by learned Judicial Magistrate, First Class, Court No. 1, Nurpur, District Kangra, H.P. (learned Trial Court) was upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present petition are that the police presented a challan before the learned Trial Court against the accused for the commission of an offence punishable under Section 377 of the Indian Penal Code (IPC). It was asserted that the victim is the informant’s son. The victim was aged 6 years and was studying in class two. The informant left his home to purchase medicine for his wife on 11.06.2009. He returned to his home and found that his sons were not present. He searched for them. The victim met him on the way, and he was crying. The informant asked the victim about the reason for crying, and he replied that the accused