STATE OF M.P. Vs. GANGARAM

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 378(3) of Code of Criminal Procedure (in short "CrPC") for grant of leave to appeal against judgment of acquittal dtd. 23/9/2006 passed by First Additional Sessions Judge, Ashoknagar, District Guna in Sessions Trial No.56/2003, whereby respondents/accused persons have been acquitted for commission of offence punishable under Ss. 363 and 366/34 of Indian Penal Code (in short "IPC").

(2.) As per prosecution story, on 20/6/2002 father of the prosecutrix/complainant Govind Singh along with his family members went to the village Kakakhedi to attend marriage function. After the said marriage function, minor prosecutrix went missing from there. He tried to search her everywhere, but she could not be found. Complainant lodged a missing person report at Police Station Shadhora District Guna. During enquiry, it has been gathered that the date of birth of the prosecutrix is 12/3/1986 and respondents/accused persons abducted her and took her with them at different places. Accordingly, offence has been registered.

(3.) After completion of investigation, charge-sheet has been filed before Trial Court. The Trial Court has framed charges under Ss. 363 and 366/34 of IPC. Respondents/accused persons abjured their guilt and pleaded their complete innocence and thereafter prosecution has examined as many as 11 witnesses, while defence has examined two witnesses. After completion of trial, the Trial Court has acquitted the respondents/accused from all the charges. Being aggrieved by the aforesaid, appellant has preferred this criminal appeal for grant of leave to appeal.