STATE OF U P Vs. RAEES AHMAD

JUDGEMENT

(1.) This Government Appeal has been preferred against the judgment and order dated 16.8.2004 passed by the Additional Sessions Judge, Court No. 13, Bareilly acquitting the accused Respondent in Sessions Trial No. 294 of 2003 under Sections 363, 366, 376 I.P.C. arising out of case crime No. 334 of 2002, P.S. Nawabganj, District Bareilly.

(2.) The F.I.R. of this case was registered on 17.9.2002 at 18:30 hours at P.S. Nawabganj, District Bareilly on the basis of a written report submitted by the complainant Ashfaq Ahmad alleging that on 6.9.2002 at about 4:00 A.M., his daughter Tasqeem Bano (P.W. 2), aged about 14 years, had been kidnapped by the accused-Respondent Raees Ahmad. Both of them were seen by villagers Mohd. Saeed and Zafar Hussain. Despite search, the girl could not be traced till the lodging of the F.I.R. On the very next day i.e. on 18.9.2002, S.I. - R.K. Sehgal, accompanied by Constable Preetam Singh and the complainant Ashfaq Ahmad, arrested the accused-Respondent Raees Ahmad along with the victim at 10:15 A.M. and memo (ex.ka-2) was prepared.

(3.) The victim was medically examined on the same day at Women Hospital, Bareilly by Dr. Alka Katiyar. No mark of injury was found on external or private parts of her body. Hymen was old torn. Vagina admitted two fingers. Vaginal smear was taken and sent for histopathology examination and the girl was sent to x-ray department. Medico legal examination report is ex.ka-3. On 19.9.2002, the girl was subjected to radiological examination through x-rays by Dr. K.K. Saxena, who submitted x-ray report ex.ka-8. On pathological examination, no sperms were found in the vaginal swab. As per the supplementary report of Dr. Alka Katiyar, the age of the girl was determined to be between 16 to 17 years.