STATE OF U.P. Vs. GULZAR

JUDGEMENT

(1.) We have heard learned AGA for the State and have also been taken through the impugned judgment of acquittal.

(2.) The instant appeal has been filed against the judgment and order of acquittal dated 05.04.2014 passed by learned Additional Sessions Judge, Court No.6, Ghaziabad, in Sessions Trial No.1180 of 2012, State Vs. Gulzar, arising out of Crime No.688 of 2010 for offence under Sections 366, 376, 506 I.P.C., Police Station Hapur Nagar, District Ghaziabad.

(3.) The prosecution version, as is apparent from the impugned judgment makes it evident that the prosecutrix lodged the first information report on 20.07.2010 at Police Station Hapur, District Ghaziabad with the allegations that accused Gulzar son of Mehar Elahi Mohammad abducted her on 19.07.2010 at about 7:00 p.m. when she was going to the market in Hapur passing through Jain Lok street where accused-respondent abducted her in Alto car. There were two persons inside the car. Accused-respondent threatened her showing bottle of acid and asked her to marry him, which she refused. Thereafter the vehicle was taken towards Govindpuram, Ghaziabad and he committed rape on her at a deserted place and left her at that place. He also threatened her that in case she told about the incident to anyone, she will be killed. Thereafter she went to lodge the first information report at Police Station Kavi Nagar where she was told that the matter relates to Police Station Hapur, therefore, she went to Police Station Hapur where the first information report was not lodged.