STATE OF UTTARAKHAND Vs. MEHARBAN

JUDGEMENT

(1.) State has preferred this appeal against judgement of acquittal passed by the learned 4th Additional Sessions Judge, Haridwar, in Sessions Trial No. 286 of 2008, State vs. Meharban @ Sachin on 6/3/2013, whereby the learned Sessions Judge has acquitted the Respondent Meharban @ Sachin for the offence under Ss. 363, 366 and 376 of the Penal Code (hereinafter referred to as "the Penal Code", in brief).

(2.) The case of the prosecution is that the informant, who happens to be father of the victim (his name has been withheld in this judgement) produced a written First Information Report in the Jwalapur Police Station, Haridwar that his daughter, who was working in a private factory was enticed away under the threats by the Respondent on 1/12/2007 and that she was found on 2/12/2007 in the state of unconsciousness near Jatwara Bridge. She informed that the Respondent Sachin alias Meharban r/o Sultanpur Kunhari, PS Laksar, who was commuting the victim, as an auto-rickshaw driver committed rape upon her. On such report submitted on 2/12/2007 at 08:45 PM, case crime no. 545 of 2007, was registered for the aforesaid offences. Thereafter, the Investigating Officer examined the complainant, victim and other witnesses, got the victim and examined medically, got her statement under Sec. 164 of the Code of Criminal Procedure, 1973, (herein after referred to as the "the Code", for brevity). Upon completion, investigating Officer submitted a charge-sheet against the Respondent. The case was registered as Sessions Trial No. 286 of 2008 and was committed to the Court of Sessions.

(3.) The Respondent took the plea of denial and pleaded his false implication by the Investigating agency.