1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 511 of 2002 Decided on August 18, 2011 _____________________________________________________ State of H.P. …Appellant. Versus Kaleem Bhatt & Others ...Respondent. Coram The Hon’ble Mr. Justice R.B. Misra, Judge. The Hon’ble Mr. Justice Dev Darshan Sud Judge. ¹Whether approved for reporting? For the appellant: Mr.R.K.Sharma, Senior Additional Advocate General with Mr.Rajinder Dogra, Additional Advocate General For the respondents: Mr.Virender Thakur, Advocate. Justice Dev Darshan Sud,J. (oral) The state challenges the judgment passed by the learned Sessions Judge acquitting the respondents charged with offences under Sections 366 and 120-B of the IPC. We need not go into all the facts in detail but only those facts relevant for decision of this appeal. 2. It is undisputed before us that prior to the present case Criminal Writ Petition No.2 of 1998 titled as Gurcharan Singh Vs. State & Another, was instituted by the 2 father of the prosecutrix Aman Deep Kaur. That writ petition was disposed of on 19.1.1998 after statement of Amandeep Kaur was recorded in this Court and she expressed her willingness to live with her parents. 3. The prosecution case, in brief, is that the respondent in conspiracy with other accused kidnapped the prosecutrix (PW.2) Amandeep Kaur, from the lawful guardianship of her father, namely, Gurchran Singh with the intention to force her to marry respondent Kaleem Bhatt. In her evidence, Amandeep Kaur (PW.2), states that she had been threatened by respondent Kaleem Bhatt that in case she does not accompany him, he would commit suicide. However, in cross-examination, she admits that she had been friendly with the accused for the last more- than two years and she got married to him in Mandi according to Islamic rites and custom. She also admits that they were on visiting terms etc. We need not discuss the evidence of the other witnesses, as we find Ex.DA letter written by Amandeep (PW.2) complete answer to his innocence. She openly expresses her love and affection for the accused without any reservation. It reads:- “Respected Papa, I know it will be a great shock when you will not find me in my room. I never wanted to leave you all so soon and that too in this way. But things went so 3 wrong that I could'nt help leaving you. Papa, I love a muslim boy Kaleep and we both can't live without each other. I very well know that I am getting married in all together a different religion. But all his family members are so nice that I never felt that I can't adjust with them. Papa, I am very sorry for not letting you know about this. But mummy and Manu know about this matter. From their views I could only make out that they would never let our marriage that place. So out of fear I could not even gather the courage to talk to you. By the time you will realize about my absence we would have got married. So there is no use finding me Papa no one knows about our getting married this way. I will ring you up and let you know everything. If you will want we will return back. Papa, I know that it will be very difficult for you to forgive me but perhaps this is the last thing I am asking from you, Papa I will do care for you very much but a war easy to begin and difficult to end. I am taking my book and two three suits along with me. Please forgive me. Aman”. 4. This should a be complete answer to the charges levelled by the State and we do not find any ingredient of Section 366 IPC established on the record of this case. So far as offence under Section 120-B IPC is concerned, it was rightly held by the learned Sessions Judge that there is no evidence on record against the accused that they entered 4 into a criminal conspiracy to commit the offence as alleged. In the facts and circumstances of the case, we find no merit in the present appeal, accordingly the same is dismissed. 5. Bail bonds furnished by the respondents are discharged. (R.B. Misra) Judge August 18, 2011 (Dev Darshan Sud) (Purohit) Judge