THE STATE Vs. SAMEER KUJUR

JUDGEMENT

(1.) The instant appeal by the State is directed against the judgement dated 26th September, 2013 of acquittal of the respondent who was prosecuted for the offences under Ss. 363 and 376 of the Indian Penal Code by the learned Additional Sessions Judge, Andaman and Nicobar Islands, Port Blair in Sessions Case No. 11 of 2011/Sessions Trial No. 27 of 2011.

(2.) Briefly stated the relevant facts are that on 15.11.2010 the defacto complaint Sounder Rajan accompanied by his son Karthick Raj had been to P.S. Baratang and lodged complaint to the effect that his daughter Kumari Karthika who was 14 years old and who was a student of class IX went to Oralkatcha School at about 8.30 a.m. for Childrens' Day programme on 14.11.2010. After closure of the school other students returned home, but his daughter did not return and so they searched for his daughter at South Creek and Oralkatcha but could not find her out. They also made query from her class mates but they could not say anything about her whereabouts. Thereafter they came to know that the cleaner of Getanjali bus eloped with his daughter to Port Blair. Thereafter he came to Police Station and reported the incident, on the basis of which Baratang P.S. Case No. 41 of 2010 dated 15.11.2010 under Sec. 363 of the Indian Penal Code (hereinafter referred to as IPC for the sake of brevity) was registered. That case was investigated into and on completion of investigation charge sheet was submitted under Ss. 363/376 of the IPC against the respondent/accused Sameer Kujur.

(3.) The case being Sessions triable the learned Chief Judicial Magistrate, Mayabunder committed the case to the court of learned Sessions Judge, Port Blair who transferred the same to the court of learned Additional Sessions Judge, Port Blair for trial.