STATE Vs. BABLI @ BAWLI

JUDGEMENT

(1.) THE State seeks leave to appeal against the impugned judgment dated 16th July 2012 passed by the learned Additional Sessions Judge in Sessions Case No. 179 of 2008 acquitting the Respondents of the offences under Sections 363/343/366A/328/109/114 read with Section 34 IPC.

(2.) THE case of the prosecution is that, on 13th July 2008, on receipt of DD No. 44B, ASI Bhupinder Singh along with Head Constable Kanwar Pal reached near Gagan Cinema, Nand Nagri, Delhi. There, the Complainant Bakshish Ali and his wife, Rehana met ASI Bhupinder Singh and produced Accused No.1. The Complainant (PW1) disclosed to him that Accused No.1 had kidnapped their daughter, the prosecutrix (PW2) on 6th July 2008. It is stated that the lady constable, Reena Chauhan (PW4) was called to the spot and Babli (Accused No.1) (A -1) was interrogated. A -1 is stated to have disclosed that PW2 had been handed over to co -accused Chhoti, (Accused No.2) (A -2). Thereafter, ASI Bhupender Singh, along with other persons, reached near Chungi where A -2 was seen coming towards them with PW2. Thereafter, PW2 was taken into police custody, medically examined at the Guru Teg Bahadur Hospital ('GTBH') and had her statement recorded, on the basis of which First Information Report (FIR) No. 349 of 2008 was registered at Police Station (PS): Nand Nagri, Delhi on 14th July 2008. The statement of PW2 under Section 164 Cr PC was also recorded by the learned Metropolitan Magistrate ('MM').The accused were arrested and thereafter a chargesheet was filed.

(3.) IN the statement under Section 313 Cr PC, both the accused denied the incriminating evidence against them and claimed that they had been falsely implicated.