THE STATE OF MADHYA PRADESH Vs. AZIZ KHAN

JUDGEMENT

(1.) THIS appeal has been filed by the State against the order of acquittal dated 31st October, 2013 passed in Sessions Trial No. 219/2013, whereby learned Additional Sessions Judge, Susner, District Shajapur acquitted respondent Aziz Khan S/o. Raustam Khan for offence under Sections 363, 366 and 376 of the Indian Penal Code, 1860 and Section 5/6 of the Prevention of Children from Sexual Offence Act, 2012.

(2.) AS per the prosecution story, on 05.01.2013 minor daughter of complainant Ibrahim had left her parents' home to attend the call of nature and did not return. On this missing report vide Missing Case No. 01/2013 was lodged by her father Ibrahim at Police Station, Nalkheda. During investigation, it was found that she was abducted by his neighbour Aziz Khan. After seven months, she was recovered and thereafter, First Information Report was registered against the respondent vide Crime No. 08/2013 at Police Station, Nalkheda for offence under Sections 363, 366 and 376(2)(i) and (n) of the Indian Penal Code, 1860 and under Section 5 read with Section 6 of the Prevention of Children from Sexual Offence Act, 2012. She was sent for medical examination; Ex. P/1 is letter for medical examination. Ex. P/2 is the consent of mother and father of the prosecutrix. Ex. P/3 is the document by which she was handed over to her parents. Ex. P/4 is her police statement. Ex. P/5 is missing report. Ex. P/6 is spot map. Ex. P/6 -A is the sample of vaginal slide and clothes of the deceased. Ex. P/7 is the semen slide of the accused/respondent. Ex. P/8 is her medical report. Ex. P/12 is the birth certificate of the prosecutrix. After investigation, charge sheet has been filed before the Sessions Judge, Shajapur. The matter was transferred to the Court of Additional Sessions Judge, Susner, District Shajapur.

(3.) IN respect of offence under Section 376 of the Indian Penal Code, 1860, the prosecutrix in her statement very categorically stated that the accused has not committed any sexual intercourse with her, and therefore, learned trial Court acquitted him from the offence punishable under Section 376 of the Indian Penal Code, 1860.