KM. XXXXX Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In this appeal against acquittal, the victim (name withheld), has assailed the judgment of the learned 3rd Additional Sessions Judge, Haridwar, dtd. 11/10/2013, in Session Trial No. 222 of 2009, acquitting the Respondent no. 2 of the offences punishable under Ss. 363, 366, 376, 368 of the Indian Penal Code, 1860 (hereinafter referred to as the Penal Code for brevity) on the ground that the judgment recorded by the learned Additional Sessions Judge, Haridwar, is perverse, unjust and unreasonable.

(2.) The case of the prosecution, in short, is that the informant of the case (name withheld), who has been examined as PW1, produced a written report before the S.H.O. Manglore, Haridwar, that his elder daughter has been married in Village Tashipur, P.S. Manglore, and that the victim went to her house and stayed there for sometime. On 1/6/2008, Respondent no. 2 forcibly abducted and took her away. The complainant was informed about it by his elder daughter, and, therefore, he presented the report before the S.H.O. On the basis of the report, the investigation of the case was taken up. In course of investigation, the investigating officer examined the complainant and other witness, seized the important documents, and after completion of investigation has submitted the charge sheet against Respondent no. 2 for the offences described above.

(3.) The defence took a plea of simple denial, and false accusation.