STATE Vs. ACHE LAL

JUDGEMENT

(1.) File taken up today as 7th July, 2016 fixed for pronouncement was declared holiday on account of 'Id ul -Fitr'.

(2.) Challenge in this appeal is a judgment dated 09.11.2012 of learned Addl. Sessions Judge in Sessions Case No.225/09 arising out of FIR No.210/09 PS Sultanpuri whereby the respondent ­ Ache Lal was acquitted of the charge under Sections 376/506 II IPC. The appeal is contested by the respondent.

(3.) Briefly stated, the prosecution case as stated in the charge -sheet was that prior to 10.06.2009 at House No.I -91, Krishan Vihar, Sultanpuri, Delhi, the respondent (victim's father) committed rape upon the prosecutrix 'X' (changed name) aged around 16 years continuously for about two / two and a half years and criminally intimidated her. Written complaint (Ex.PW - 1/A) was made by the prosecutrix on 10.06.2009 at Police Station Sultan Puri and the Investigating Officer after making endorsement (Ex.PW -7/A) lodged First Information Report. 'X' was medically examined; she recorded her 164 Cr.P.C. statement. The accused was arrested and medically examined. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge -sheet was filed against the respondent in the Court. In order to establish its case the prosecution examined twenty witnesses. In 313 Cr.P.C. statement, the accused abjured the guilt and pleaded false implication. He examined DW -1 (Savita) and DW -2 (Deepak Sharma) in defence. After hearing the rival contentions of the parties and on appreciation of the evidence, the Trial Court, by the impugned judgment, acquitted the respondent of the charges. Being aggrieved and dissatisfied, the State has filed the instant appeal.