STATE OF U.P. Vs. SURENDRA SINGH

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge in the present Government Appeal is to the judgment and order dated 26.07.2019 passed by Ist Additional Sessions Judge, Kasganj in Sessions Trial No. 78 of 2014 (State Vs. Surendra Singh) acquitting the respondent of the offences under Sections 363, 366, 376 of IPC and 4 of POCSO Act.

(3.) As per prosecution case, on 23.06.2014, written report (Ex.Ka.1) was lodged by Veerpal (PW-1) alleging in it that on 4.6.2014 respondent accused Surendra Singh, his father Amar Singh, mother Ramwati and brother Charan Singh had taken his minor daughter along with them on the pretext of attending one marriage function in the other village. After attending the marriage, except accused Surendra Singh, other accused persons returned back and when he enquired about his daughter, they informed him that the prosecutrix had gone along with respondent Surendra Singh. Based on this written report, FIR (Ex.Ka.4) was registered against four accused persons, including respondent Surendra Singh under Sections 363, 366 of IPC. On 14.07.2014, prosecutrix was recovered from the custody of respondent. Her medical examination was done and no internal or external injury was found on her body. As per Radiologist, her age was about 18 years. In Sections 161 and 164 Cr.P.C. statements, the prosecutrix has categorically stated that she was having affair with the respondent.