WASIM AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 14.1.2015 passed by the Additional Sessions Judge, Fast Track Court, Rampur in Sessions Trial No.168 of 2010 (State vs. Mukesh Kumar Verma) acquitting respondent no.2-accused of the offence under Sections 363, 366, 376 of IPC.

(2.) As per prosecution case, on 29.7.2009, FIR Ex.Ka.1 was lodged by (PW-1) Wasim, brother of the prosecutrix, alleging in it that since 25.7.2009, her minor sister (PW-2) Km. Mumtaz, is missing. According to him, it is respondent no.2-accused who, after alluring his sister, has abducted her. Based on this report, offence under Sections 366 and 363 of IPC was registered against respondent no.2-accused. On 29.7.2009 at Village Bhagatpur, accused and prosecutrix were arrested by the police and the custody of prosecutrix was given to her mother.

(3.) While framing charge, the trial Judge has framed charge against the accused under Sections 363, 366 and 376 of IPC.