STATE OF UTTAR PRADESH Vs. WASEEM

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge in this acquittal appeal is to the judgment and order dated 17.7.2019 passed by Special Judge (POCSO Act)/Additional Sessions Judge, Court No.3, Rampur in Special Sessions Trial No.03/2015 (State of Uttar Pradesh vs. Waseem and Another) acquitting the accused-respondents of the offences under Sections 363, 366, 376, 504 and 506 of IPC and Section 4 of POCSO Act.

(3.) Brief facts of the instant case are that on 30.11.2014, a written report Ex.Ka.1 was lodged by (PW-1) Maqsood, father of prosecutrix, alleging in it that her minor daughter has been abducted by the accused-respondents and two other persons. Based on this report, FIR Ex.Ka.10 was registered against all the accused persons under Sections 363, 366, 504 and 506 of IPC. Prosecutrix was recovered on 3.12.2014 when she was returning from Madras; she was medically examined by the Doctors, but no external or internal injury has been found on her person and she was found habitual to sexual intercourse. As per Radiologist, age of the prosecutrix was about 18 years.