STATE OF M P Vs. DALU @ RAMKUMAR PATEL

JUDGEMENT

(1.) This is an application under Section 378(III) of Code of Criminal Procedure, 1973 for grant of leave to appeal against the judgement of acquittal passed by the Special Judge under POCSO Act, Damoh in Special Sessions Trial No.24/15 pronounced on 29/06/2016, whereby the accused/respondent has been acquitted from the charges punishable under Section 363,366-A, of IPC and under Section 5/6 of POCSO Act in alternate under Section 376- 2(n) of IPC.

(2.) According to prosecution, on 02/03/2013 respondent/ accused took prosecutrix (PW-6) from the guardianship of her parents and kept her in Chhattarpur, Mathura and District Hissar and committed rape upon her reguarly. On her missing on 03/03/2013 a missing report was registered. During her stay with respondent she gave birth to two children. Later on, on 01/04/2015 she was recovered from the possession of the respondent at Patel Nagar, Hissar Haryana. Thereafter, after completing investigation charge sheet was filed.

(3.) After filing charge sheet case was committed to Trial Court and then Trial Court levelled charges punishable under Section 363,366-A of IPC and under Section 5/6 of POCSO Act and in alternate under Section 376-2(n) of IPC against the respondent/accused, who abjured the guilt. The Trial Court, after considering the plea of the accused/respondent disbelieved the testimony of witnesses of the prosecution and acquitted the accused/respondent.