STATE Vs. HABIB

JUDGEMENT

(1.) The present criminal leave to appeal has been preferred by the petitioner/State under Section 378 (3) Cr.P.C. to challenge that part of the judgment dated 16th November, 2013, passed by learned Additional Sessions Judge-01, North Rohini, Delhi whereby the respondent was acquitted of the charges under Section 328/344/366/376 of the Indian Penal Code, 1806 (hereinafter referred to as IPC).

(2.) To appreciate the contention raised by learned counsel for the petitioner/State, a brief summary of the prosecution case is given below:-

(3.) On 4th January, 2009, complainant Smt. Manwati @Shanti,w/o late Charan Singh, R/o Gurudwara Road, Masjid Wali Gali, Khasra No. 447, Swaroop Nagar, Delhi came to the police station and lodged a complaint regarding missing of her daughter 'D', aged about 16 years (herein after also referred as Prosecutrix) from 27th December, 2008 and she raised her suspicion upon one boy, namely, Habib, s/o Jamil Khan. On the basis of this complaint, FIR under Section 363 IPC was registered. On 10th January, 2009, Smt. Manwati obtained the School Leaving Certificate and thereafter handed over of 'D' wherein her date of birth was mentioned as 22nd December, 1991. Information was sent to Missing Persons Squad and CBI. Information was also gathered from Ronak. On 30th April, 2009, respondent/accused Habib was arrested in case FIR No. 97/09 under Section 363/365/366/328/344/384/34 IPC registered with PS Swaroop Nagar but no fruitful information could be gathered. Later on, the Investigating Officer came to know that the prosecutrix 'D' had come to her brother-in-law's house on 30th April, 2009, thereafter her statement under Section 161 Cr. P.C. was recorded. She was medically examined. Her statement under Section 164 Cr.P.C. was also got recorded. Accused was arrested in this case. After completing investigation, charge sheet was submitted against the accused.