STATE Vs. ASHOK KUMAR AND ANOTHER

JUDGEMENT

(1.) Instant appeal has been preferred by the State to challenge the legality and correctness of a judgment dated 20.04.2010 of learned Addl. Sessions Judge in Sessions Case No.57/08 emanating from FIR No.792/07 registered at PS Najafgarh by which the respondents Ashok Kumar (hereinafter referred as 'R-1') and Sonia (hereinafter referred as 'R-2') were acquitted of the charges for committing offences punishable under Sections 363/366A/34 IPC; in addition R-1 was acquitted of the charge for committing offence punishable under Sec. 376 IPC.

(2.) Briefly stated, the prosecution case as reflected in the charge-sheet was that on 16.08.2007 at around 06.00 or 07.00 p.m. at Dichao Enclave, the respondents in furtherance of common intention kidnapped 'X' (Assumed name), a minor, out of lawful guardianship of her parents with an intention that she might be forced to illicit intercourse with others. From 16.08.2007 to 26.08.2007 the victim was kept at R-2's residence where R-1 committed rape upon her.

(3.) After recording victim's statement (Ex.PW-1/A) on 02.09.2007, the Investigating Officer lodged First Information Report. 'X' was medically examined. Both the respondents were arrested and medically examined. Exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Upon completion of investigation, a charge-sheet was filed against both the respondents in the Court. In order to establish its case, the prosecution examined twelve witnesses. In 313 Crimial P.C. statements, the respondents denied their involvement in the crime and pleaded false implication. After considering the rival contentions of the parties and on appreciating the evidence, the Trial Court acquitted both the respondents of the charges mentioned previously. Being aggrieved and dissatisfied, the State has filed the instant appeal.