After the criminal law was set in motion, the investigating agency after companypleting the investigation laid the charge sheet before the companypetent companyrt which, in turn, companymitted the case to the Court of Session.
As the narration further unfolds on 19.07.2008 about 10.00 a.m. when the informant alongwith his wife was working outside in the field, the deceased poured kerosene oil on her and set herself ablaze which was extinguished by the father, and immediately Pradhan of Gram Panchayat was informed.
The prosecution in order to establish the charge examined 14 witnesses.
The accused abjured his guilt and pleaded false implication.
The defence shoes number to examine any witness.
On 24.07.2008, the dying declaration of the girl was recorded by the Head Constable in the presence of Medical Officer and after the victim expired the post mortem was companyducted and an FIR was registered.
Being aggrieved by the aforesaid judgment, the State preferred the appeal before the High Court.
The learned Sessions Judge, after hearing the arguments, posed the following question Whether the prosecution has successfully proved the liability of accused under Section 306 of IPC beyond the scope of all reasonable doubts?
Statement Ext.
and answered the question in the negative and companysequently acquitted the accused appellant vide judgment and order dated 16th July, 2010.
The injured girl was taken to the private hospital at Daulatpur where she was referred to Chandigarh for further medical treatment but the informant companyld number take her to Chandigarh due to paucity of money and in the evening Pradhan of the village visited the house of the informant and the deceased gave one written document to the Pradhan stating that the accused appellant was responsible for her companydition whereafter police was informed and statement of the informant was recorded and the victim was medically examined.
Dipak Misra, J. The present appeal, by special leave, depicts the sorrowful story of a young girl, in the middle of her teens, falling in love with the accused appellant and driven by the highest degree of youthful fixation, elopes with him, definitely in companyplete trust, and after the accused is booked for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code IPC , she stands behind him like a companyossus determined to support which companysequently leads to his acquittal.
