STATE OF M.P. Vs. SALMAN KHAN

JUDGEMENT

(1.) This is an application filed under Sec. 378(3) of Crimial P.C. seeking leave to present an appeal against the impugned judgement of acquittal dated 27.8.2015, passed by the 4th Additional Sessions Judge, District Raisen (MP), in Special S.T.No.02/2014, titled as State of M.P. Vs. Salman Khan, acquitting the respondent-Salman Khan for offences punishable under Sections 363, 366, 376 of Penal Code and Sec. 3/4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'Act of 2012' for short).

(2.) According to the prosecution, accused- respondent is the neighbour of prosecutrix (PW/6), and they are known to each other. On the night of 08.12.2013, prosecutrix (PW/6) and her family members, after taking evening meals went to sleep. During the night, prosecutrix(PW/6) went outside to attend a call of nature, and met respondent. He induced her to accompany him on the promise of marriage. Agreeable to the idea, prosecutrix eloped with him after taking some money and cloths. First, they stayed with his uncle and next day they went and stayed with his Aunt (Fufi). In the night,respondent ravished prosecutrix.

(3.) In the meanwhile, when in the morning of 09.12.2013, prosecutrix was found missing from the house and was not traceable in the nearby area and accused-respondent Salman was also found missing, Idrish(PW/4) father of prosecutrix, lodged report against accused-respondent on the basis of suspicion that accused had kidnapped the prosecutrix. On the basis of the report, Crime No.131/2013 was registered by Police Bamhori vide Ex.P/7, against the accused Salman for offences punishable under Sections 363 and 366 of the Indian Penal Code.