STATE OF NCT OF DELHI Vs. UMESH KUMAR

JUDGEMENT

(1.) A Criminal Appeal under Sec. 378(1) Cr.P.C has been filed on behalf of the Petitioner/State to challenge the Judgment dtd. 25/3/2019 of the learned ASJ who has acquitted the Respondent Umesh Kumar under Sec. 363/366 Indian Penal Code, 1860 (hereinafter referred to as 'IPC') in Sessions Case No.53/2018 in case FIR No.196/2013 P.S. Ranhola.

(2.) The case of the Prosecution is that one Mr. A.U, father of the Prosecutrix lodged a missing Complaint on 8/7/2013 that his daughter 'A @ C' aged 14 years was not found in the house in the intervening night of 7/7/2013 at 02:00 A.M. She could not be traced despite best efforts. On his Complaint, DD No.32A dtd. 8/7/2023 was registered on which present FIR No.196/2013 under Sec. 363 IPC was registered on 8/7/2013.

(3.) During the investigation, on 12/7/2013 the Prosecutrix was found on Uttam Nagar Bus Terminal. Her Statement under Sec. 161 Cr.P.C was recorded, wherein she stated that the Accused had repeatedly forced her for marriage. In the midnight of 7/7/2013, he had come to her house and induced her to accompany him on the pretext of marriage. She remained at his house till about 3:00 A.M and on her refusal, he left her at Uttam Nagar. Her Statement under Sec. 164 Cr.P.C was also recorded.