RABIYA BANO Vs. RASHID KHAN & ANR

JUDGEMENT

(1.) This application under Section 378 (3) of Code of Criminal Procedure has been filed by the prosecutrix for leave to appeal being aggrieved by the judgment dated 10.4.2017 passed by the 7th Additional Sessions Judge, Bhopal in Sessions Trial No.196/15, whereby the learned trial Court has acquitted the respondent No.1 for the offences punishable under Sections 363, 366, 376 (2) (I) of IPC and Section 3/4 Protection of Children from Sexual Offences Act, 2012.

(2.) As per the prosecution case, the prosecutrix who was aged about 15 years was residing with her parents. On 11.2.2015 at about 10.00 pm when the prosecutrix was in front of her home, the accused came there and closed her mouth and took her to the roof of her house and committed rape with her. On 16.2.2015 when her father returned back to home from Bombay, the prosecutrix narrated the incident to her parents. Thereafter she lodged the FIR at the police station, Shyamla Hills against the respondent No.1. An offence under Sections 363, 366, 376 (2) (I) of IPC and Section 3/4 Protection of Children from Sexual Offences Act, 2012 has been registered against him. After completing the investigation, the police filed a charge sheet before the concerned magistrate and the same was committed to the trial Court.

(3.) The learned trial Court framed the charges against the respondent No.1 under Section 363, 366, 376 (2) (I) of IPC in alternate under Section 3/4 Protection of Children from Sexual Offences Act, 2012. The respondent No.1 abjured his guilt and stated that he was falsely implicated by the complainant family to create pressure on him to marry with the prosecutrix . In this regard defence witnesses also produced by the respondent No.1. Further the respondent No.1 also took plea of alibi.