STATE Vs. ANIL BHARDWAJ

JUDGEMENT

(1.) The present petition has been filed by the petitioner/State under Section 378 Cr.P.C. praying inter alia for grant of leave to assail the judgment dated 20.10.2010 passed by the learned ASJ in SC No. 67/2001, arising out of case FIR No. 222/2000 lodged by the father of the deceased prosecutrix under Sections 306/363/366/376 IPC with PS Alipur, Delhi and case FIR No. 221/2000 under Sections 309/306 IPC with PS Nabi Karim, Delhi on information received from the accused respondent. The brief facts of the case as culled out from the impugned judgment are that on 10.6.2000, a case of kidnapping was registered at PS Alipur, Delhi at the instance of the complainant, Ashok Kumar, (father of the prosecutrix) against the respondent herein on the ground that he had lured his daughter, who had accompanied the respondent from her house to her school for rechecking the class XII paper and she had not returned till late in the night. The police had tried to search for the prosecutrix but all efforts were fruitless till 23.7.2000. On 23.7.2000, a DD entry was registered at PS Alipur, Delhi to the effect that after consuming some poisonous substance, the respondent herein and the prosecutrix were brought to RML Hospital from a hotel by the name of Lal Haveli at Nabi Karim by its Manager (PW-3) and case FIR No. 221/2000 was registered under Section 309 IPC on the statement of the respondent and the prosecutrix who breathed her last in the hospital in the wee hours on 23.7.2000.

(2.) On completion of the investigation, charge-sheet was filed against the respondent under Sections 306/363/366/376 IPC and the case was committed to the Sessions Court on 9.11.2000.

(3.) On 20.11.2007, charges were framed against the respondent under Sections 363/366/417/306 IPC. The prosecution examined 36 witnesses in all, including PW-6 and PW-9, witnesses from the school where the prosecutrix was studying, PW-12/father of the deceased prosecutrix, PW-13/grandfather of the deceased prosecutrix, PW-3/Manager of the hotel from where the prosecutrix and the respondent were brought to the hospital, PW-15/the doctor who had attended to the prosecutrix when she was admitted in the hospital, PW26/SI Rajbir Singh and PW-30/SI Dayanand.