STATE OF U.P. Vs. RAJESH BIND

JUDGEMENT

(1.) Heard learned AGA for the State and perused the record.

(2.) This appeal, at the behest of the State, has been preferred against the judgment and order dtd. 13/9/2019, passed by the Additional Sessions Judge/ F.T.C., Jaunpur, acquitting accused- respondent, who has been tried for commission of offence under Ss. 363, 368, 376 and 120-B I.P.C.

(3.) The brief facts of the case of the prosecution, as set out before the trial Court, are that a complaint being Police Case No.352 of 2011 for commission of offence under Ss. 363, 368, 376 and 120-B I.P.C. was sent for investigation under Sec. 156 (3) Cr.P.C., wherein allegations were that the prosecutrix was married in June 2011 in Jaunpur, she was aged about 16 years and when she had gone to the school, the accused along with his friends took her in the Bolero Caar and when the girl did not come back to her home, father of the prosecutrix after searched out her daughter in all places, he complaint the report at the police station and conveyed that she had gone with Rajesh Bindu. On the basis of F.I.R. dtd. 2/11/2011, the prosecutrix recorded the statement under Sec. 161 and then coming to the conclusion that prima facie offences under Ss. 363, 368 were made out. Later on, the charge sheet was submitted by the Magistrate under Ss. 363, 368, 376 and 120-B of the I.P.C. The police did not carried out any investigation and, therefore, complaint to the court was made, which culminated into fresh investigation and the police submitted the charge-sheet.