STATE OF MAHARASHTRA Vs. ARVIND

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order recording acquittal of the respondent passed by first Adhoc Assistant Sessions Judge, Amravati in Sessions Trial No.267 of 2000. The respondent was charged for offences punishable under Sections 363, 366 and 376 of the Indian Penal Code. It was the case of the prosecution that on 05/10/2000 at about 7.00 a.m., the respondent kidnapped the minor daughter of the complainant (hereinafter called as, 'the prosecutrix') and by giving false promise of marriage, the respondent took her from the custody of the lawful guardianher mother, without her consent. It is also alleged that after unlawfully taking away the prosecutrix from the custody of her lawful guardian, the respondent, during the period from 05/10/2000 to 13/10/2000, committed rape upon the prosecutrix at various places where the respondent had allegedly taken the prosecutrix.

(2.) As the respondent pleaded not guilty to the charge framed against him for offences punishable under Sections 363, 366 and 376 of the Indian Penal Code, he was tried by the first Adhoc Assistant Sessions Judge, Amravati. The prosecution examined eleven witnesses and after hearing both the sides, the learned Judge found that the minority of the prosecutrix could not be proved by the prosecution and that the prosecutrix appearred to be of the age of majority, who had voluntarily gone along with the respondent and indulged in the acts willingly, which were alleged against the respondent. Accordingly, the learned Adhoc Assistant Sessions Judge acquitted the respondent of all the offences with which he was charged by his judgment and order delivered on 23/8/2001. It is this judgment and order which are under challenge in the present appeal.

(3.) I have heard Smt. Mehta, learned A.P.P. for the appellantState and Shri Daga, learned Counsel for the respondent. I have carefully gone through the impugned judgment and order and also the evidence available on record.