STATE (GOVT. OF NCT) Vs. SHAHZADE AND ORS.

JUDGEMENT

(1.) The present leave to appeal has been filed by the State under Sec. 378 (3) of the Code of Criminal Procedure, being aggrieved by the judgment dated 15.01.2015 passed by the Sessions Judge in Sessions case No. 1/13 by virtue of which the respondents were acquitted for the offences punishable under Sec. 363/366/376/506/34 of the Indian Penal Code.

(2.) In a nutshell, the case of the prosecution is that PW3 Sh. Girish filed a complaint regarding his missing daughter namely 'S' (name withheld to keep her identity confidential) wherein he stated that on 18.12.2009 he left his daughter PW1 'S' aged about 14 years at the gate of her school situated at Sangam Vihar, New Delhi at about 7.30 AM but 'S' (hereinafter referred to as the prosecutrix) did not reach the school and went missing. She was searched but she could not be found. The father of the prosecutrix suspected Shahzade. On a complaint, a case was registered. Subsequently, the accused Shahzade @ Mastan was arrested and he was medically examined. On 08.01.2010 prosecutrix 'S' reached Delhi and she was also medically examined. The statement of prosecutrix 'S' was recorded under Sec. 164 of the Code of Criminal Procedure. Non bailable warrants were issued against the other co -accused Sanjay Banarjee and Noor Nabi.

(3.) After completion of the investigation, charge sheet was filed under Ss. 363/366/376/506/34 of the Indian Penal Code against all the accused persons. Charges under Ss. 363/34, 366/34 and 506 of the Indian Penal Code were framed against the accused persons and in addition a charge under Sec. 376 of the Indian Penal Code was also framed against the accused Shahzade @ Mastan.