NEPAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS appeal has been preferred by appellant - Nepal son of Uday Veer being aggrieved of judgment dated 15.02.2014 passed by learned Additional Sessions Judge, Gurgaon. Respondents No. 2 to 5 have been acquitted of the charges for offences punishable under Sections 366/366A/376/506/120B IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 vide the impugned judgment.

(2.) AS per the prosecution version, complaint Ex. PB was submitted by appellant/complainant - Nepal on 01.12.2012 before ASI Hemraj to the effect that his daughter had been enticed away. He revealed that on the night of 29th November, 2012, he was in the fields in connection with his work. His wife Poonam alongwith his son Ashish and daughter were sleeping in their house. When he returned home the next morning, his wife informed him that their daughter had left home. On enquiry it was revealed that respondent No. 2 - Manjeet son of Jaipal had enticed his daughter on the pretext of marrying her. He recovered a mobile phone on searching his home. Complainant further disclosed that his daughter had taken away 120 grams of gold and silver ornaments as well as cash of Rs. 40,000/ -. Date of birth of the prosecutrix was stated to be 24.04.1997. She was revealed to be studying in Class 10 in Karhana Senior Secondary School, Ferozepur Kalan. He prayed for legal action to be taken against accused - Manjeet and for tracing out his daughter. On this information, F.I.R., Ex. PQ was lodged.

(3.) PROSECUTRIX , PW 1 was medico -legally examined on 13.12.2012 by PW 7 Dr. Kusum Bisla, Medical Officer, Govt. Hospital Gurgaon. Accused Manjeet was also got medically examined. Prosecutrix is mentioned to be 16 years of age. No external mark of injury was found on the prosecutrix and it was opined that possibility of sexual intercourse could not be ruled out.