STATE OF U.P. Vs. KASHMIR SINGH

JUDGEMENT

(1.) Heard learned Government Pleader for the appellant.

(2.) This appeal under Sec. 378(3) of CrPC challenges the acquittal of the accused, who was charged with commission of offence under Ss. 363 and 366 of the Indian Penal Code (IPC).

(3.) The prosecution was moved into motion by a written report dtd. 18/6/1996 at P.S. Dannahar, District Mainpuri and it was alleged that the sister of the complainant, who was 14 years of age, when they went to ease in the field, accused Kashmir Singh, Pappu and Girish Chandra enticed away the prosecutrix, namely, the sister of the complainant. The complainant's mother started searching the prosecutrix, but the prosecutrix end the accused absconded and the complainant did not lodge the complaint because of the fear of being defamed. It was then disclosed that the accused had kidnapped the minor and therefore, the case being Crime no. 117 of 1996 under Ss. 363, 366 of the Indian Penal Code (IPC) was lodged. The police investigated the matter and the victim/ prosecutrix was recovered on 27/9/1996 from a village known as Bhanupura. She got her statement recorded under Sec. 164 of Criminal Procedure Code before the Magistrate. On investigation being over, charge sheet was laid before the Magisterial Court. The Magistrate being satisfied that the case was triable by the Court of Sessions, as Sec. 376 IPC was subsequently added from the medical test of the prosecutrix, charge sheet was submitted. As the case being triable by the Court of Sessions, the accused were summoned and they denied the charges. On denying the charges, they were set up for trial.