STATE OF UTTARAKHAND Vs. NAFEES

JUDGEMENT

(1.) This Government Appeal has been filed by the State against the order dated 29.01.2013 passed by 4th Additional Sessions Judge, Haridwar in Session Trial No.172 of 2006, where the accused/respondent has been acquitted by the trial court under Sections 363, 366-A, 376 and 344 of IPC. Leave has already been granted by this Court.

(2.) Heard the learned State Counsel. No one is present in the Court to represent the accused/respondent.

(3.) A first information report was lodged by the father of the prosecutrix, called Rodha on 16.02.2005 at 01.30 pm at Police Station Jwalapur, District Haridwar which said that his daughter "Ms. A", who is about 14 years of age has been kidnapped by the respondent/accused, on the night of 13.02.2005 at 08.00 pm. No particular reasons have been assigned as to why the first information report has been lodged belatedly. The prosecutrix was recovered on 20.06.2005 at Dhanauri Road in Haridwar after four months. She was medically examined on 20.06.2005 at Female Hospital at Jwalapur, District Haridwar. The medical report states that there are no marks of injuries on any part of the prosecutrix. Further radiological examination of the prosecutrix was also done which shows her age to be of 18 years. There is no statement of the prosecutrix under Section 164 CrPC on record.