BABUL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 25th May, 2016 and order on sentence dated 26th May, 2016 whereby the appellant has been convicted for committing the offence punishable under Section 363/366/377 IPC and sentenced as under:-

(2.) The case FIR No. 307/2011 was registered on 24th September, 2011 when Sh.Ali Ahmed, father of the prosecutrix reported that his daughter 'S' (name withheld to protect the identity) aged 14 years had been missing since 23rd September, 2011 and he suspected his neighbour Babul (appellant herein) to be behind missing of his daughter and that he might have enticed her away. Initially the FIR was registered under Section 363 IPC. School leaving certificate as age proof of the prosecutrix was produced by her father wherein her date of birth has been recorded as 6th July, 2000. On 27th September, 2011, Sh.Munna, father of the appellant produced his son as well the daughter of the complainant before the Investigating Officer SI Anuj Kumar (PW-8) after bringing them to Delhi from Moradabad, UP. The prosecutrix 'S' was sent for medical examination and also produced for getting her statement Ex.PW2/A recorded under Section 164 Cr.P.C., 1973

(3.) After the medical examination of the prosecutrix was conducted and her statement under Section 161 Cr.P.C , 1973was recorded, Sections 366/376 IPC were also added. After the completion of investigation, charge-sheet was filed against the appellant/accused.