ABHEY @ MATRU Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRM-33725 of 2015s Heard. Sufficient cause has been shown for condonation of 243 days' delay in filing of the application for the grant of leave to appeal. Hence this delay of 243 days is condoned and this criminal miscellaneous application stands accepted and disposed of accordingly. CRM-A-1715-MA of 2015 This application has been filed by the applicant - State of Haryana u/S 378(3) of the Code of Criminal Procedure (for short - 'Cr.P.C.') for the grant of leave to file appeal against the judgment dated 11.11.2014 passed by the Court of learned Additional Sessions Judge, Gurgaon in criminal case bearing FIR No.292 dated 18.11.2013 u/Ss 346, 363, 366-A, 376 of the Indian Penal Code (for short - 'IPC') and u/S 3 of Protection of Children from Sexual Offences Act, 2012 (for short - 'POCSO Act'), Police Station Farrukh Nagar, Gurgaon, vide which the accused (respondent-herein) was acquitted of the charges u/Ss 363, 366, 376, Penal Code and u/S 4 of the POCSO Act, 2012.

(2.) The case of the prosecution before the learned trial Court, in nutshell, was that on 18.11.2013, complainant Animesh Kumar moved a complaint/application Ex.P1 to the police of Police Station Farrukh Nagar, Gurgaon detailing the circumstances in which his minor daughter had been missing from the house. It was mentioned in the application that his said daughter, who was a student of 9th class in Girls Senior Secondary School, Farrukh Nagar aged 14 years went missing from the house since 16.11.2013 at about 6:00 p.m. He did not know as to whether she had gone from the house at her own or had been enticed away by some-body. On the basis of this complaint, initially FIR (Ex.PL) u/S 363, Penal Code was registered. Then during investigation, prosecutrix was recovered on 21.11.2013 at Fajilpur Road. Her statement under Sec. 164, Crimial P.C., was got recorded. Then on the basis of her this statement, offences u/Ss 346, 366-A, 376, Penal Code and u/S 3 of the POCSO Act were added in this case. She was got medico-legally examined. Accused was arrested in this case and he was also got medico-legally examined. Statements of witnesses were recorded. The Investigating Officer inspected the spot and prepared siteplan Ex.PO. On completion of investigation, challan in this case was presented in the Court of learned Illaqa Magistrate, Pataudi, who further committed this case to the Court of learned Sessions Judge, Gurgaon for trial after making compliance of the provisions of Sec. 207 of Crimial P.C. The trial of this case was dealt with by learned Additional Sessions Judge, Gurgaon.

(3.) Finding a prima facie case for the offences punishable u/Ss 363, 366 and 376 of the Penal Code and u/S 4 of POCSO Act, 2012 against the accused (respondent-herein), he was charge-sheeted accordingly vide order dated 3.2.2014, to which, he pleaded not guilty and claimed trial.