STATE OF UTTAR PRADESH Vs. MUKESH

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge in this Government Appeal is to the impugned judgment and order dated 16.8.2019 passed by the Additional District and Sessions Judge, Court No.5, Kasganj in Sessions Trial No.310 of 2012 ( State vs. Mukesh and 4 others) acquitting accused-respondents Mukesh, Jai Singh, Om Prakash @ Chhaviram and Rajveer Dheemar under Sections 363 , 366 , 368 , 376 of IPC and further acquitting accused Smt. Mauharsri under Sections 363 , 366 and 368 of IPC.

(3.) As per prosecution case, on 31.7.2012 written report (Ex. Ka.1) was lodged by Maharaj Singh (PW-1), father of the prosecutrix, alleging in it that on 28.7.2012 at about 8.00 am, her minor daughter and nephew Ravi had left for school and on the way, accused Mukesh, Jai Singh and Om Prakash came on their motorcycle; allured his daughter and nephew and took them. He states that he searched his daughter and nephew and when he could not get them, he lodged the report. Based on this FIR, offence under Sections 363 and 366 of IPC was registered against Mukesh, Jai Singh and Om Prakash. Further case of the prosecution is that accused Om Prakash had physical relation with the prosecutrix against her wishes and accused Mukesh and Jai Singh facilitated him. It is also alleged that accused Om Prakash stayed in the house of accused Rajveer Dheemar and Smt. Mauharsri.