STATE OF GUJARAT Vs. RAKESH @ MANOJ

JUDGEMENT

(1.) The present appeal is preferred by the State under Sec. 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dtd. 13/10/2012 passed by Additional Sessions Judge, Ahmedabad in Sessions Case No.47 of 2010. By the impugned judgment and order, the Sessions Court acquitted the respondent-accused for offense under Ss. 363, 366, 376, 323 and 342 of Indian Penal Code.

(2.) It is the case of the complainant that his victim-daughter is sixteen years of age and was studying in standard 10th at K.C. Desai High School. The brother in law of the complainant resides at the house of the complainant and used to drop and pick the victim from the school. On 17/1/2009, as the examinations of the victim were going on and as the exam timings were from 11:30 AM to 2:30 PM, the brother in law of the complainant had gone to drop the victim at 11:15 AM and returned back. Thereafter, when he went to pick her up at 2:30 PM, the victim was not found and therefore, an inquiry was made about the whereabouts of the victim, but she could not be found. At the time of incident, the victim was wearing a gold chain of 3 Tolas and gold earrings. Further, as per the allegation of the complainant, a person named Rakesh who was working as a security guard in the Tata Telecom Office situated below their apartment was also found to be missing and upon inquiring with another security guard named Pappu, he informed that Rakesh had not reported on duty and that he had seen the photo of the victim in the purse of Rakesh. Upon trying to trace the victim, her mobile phone was found to be switched off. Therefore, it is the case of the complainant that the said Rakesh Mishra enticed and lured the victim to commit illicit intercourse and hence, a complaint was filed.

(3.) Learned advocate Mr. V.D.Mewada for the respondent-accused was absent when the matter was called out. Hence, the matter has been taken up with the assistance of the learned APP considering the fact that the matter is of the year 2013.