STATE Vs. PUNNU

JUDGEMENT

(1.) STATE has preferred this appeal against the judgment dated 16.03.2011 in FIR No.11/2003, police station Delhi Cantt. by which the respondent-Punnu has been acquitted for offences under Section 120B/376 (g)/344/506 of the Indian Penal code 1860 (IPC) and under Section 5 (1)(C ) of the Immoral Traffic (Prevention) Act 1956.

(2.) THE case of the prosecution as set out in the charge-sheet is that the prosecutrix a minor was brought up by her father. After the death of her father, she was brought up by her grandmother. The respondent-Punnu and his wife Saroj (co-accused and who has already been convicted while judgment dated 24.02.2006), who are the real chacha and chachi, went to the village and brought the prosecutrix to live with them in their jhuggi at Bapu Dham. After about six months the respondent-Punnu raped her. When she informed the co-accused Saroj, the prosecutrix was scolded. Prosecutrix was used as a prostitute and the accused used to earn money.

(3.) THE respondent Pannu could not be arrested and was declared proclaimed offender. Initially non-bailable warrants for the arrest of the accused were issued and thereafter by order dated 10.02.2003 proceedings under Sections 82 and 83 of the Code of Civil Procedure 1973 were initiated after recording the statement of process server who had tried to serve the process. The respondent-Punnu was declared proclaimed offender on 24.04.2003.