STATE OF NCT OF DELHI Vs. SHIVA

JUDGEMENT

(1.) THE State has preferred the present petition against the judgment dated 06.12.2007 of learned Additional Sessions Judge in Session Case No.109/2 by which the respondents Shiva and Pratap were acquitted of the charges for committing offences punishable under Sections 376 (2) (g), 372 read with Section 511 IPC, 506 (II) read with Section 34 IPC and respondent -Rakesh was acquitted of the charges levelled against him for committing offence punishable under Sections 353/366 and 376 IPC. They all were, however, convicted for committing offence punishable under Section 365/34 IPC.

(2.) ON 15.02.2003 at about 08:15 P.M. complainant -Ram Iqbal Singh (PW -1) made statement to ASI Bal Kishan (PW -6), duty officer at P.S.Uttam Nagar, disclosing that her daughter 'X' (assumed named) aged about 13 years had left the house on 13.02.2003 at about 12:00 noon without informing them and did not return thereafter. He suspected that someone had kidnapped her. On that statement, the police lodged FIR under Section 363 IPC and the investigation was assigned to ASI Lallan Prasad (PW -14). Efforts were made to find the whereabouts of missing girl 'X' but in vain.

(3.) ON 18.02.2003, the respondent -Rakesh was arrested and his disclosure statement was recorded. During the course of investigation, Ossification test for determination of the age of prosecutrix was conducted; her age was opined to be more than 14 years and less than 16 years. IO also collected the school leaving certificate produced by the complainant showing her date of birth as 05.05.1990. On completion of the investigation, the accused were charged for committing the aforesaid offences.