VED PAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Complainant-Ved Pal has filed the present application under Section 378 (3) of the Code of Criminal Procedure, 1973 (for short "Cr. P.C.") for grant of leave to file an appeal against the judgment dated 28.02.2017 passed by learned Additional Sessions Judge, Faridabad, vide which accused/respondents No.2 to 5 have been acquitted of the charges under Sections 363/34, 366-A, 376, 368, 120-B of Indian Penal Code (for short "IPC") and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short " POCSO Act").

(2.) Brief facts of the case are that; an FIR No. 438 dated 17.06.2015 was registered under Sections 363,366-A,368,376 and 120-B IPC, Police Station City Ballabgarh, Faridabad, on the basis of an information given by informant-Ved Pal by alleging that he is resident of H.No. 138/1, Gali No.3 and his wife has already expired. It is further alleged that his daughter, who is about 17 years of age and student of 10th Class, has been enticed away by accused-Arun on allurement of marriage on 13.06.2015 at 3:00 P.M and said Arun is residing as a tenant in his house.

(3.) After completion of investigation, final report was submitted by police under Section 173 (3) Cr.P.C. Thereafter case was committed for trial and charges were framed by learned trial Court on 012.2015. Accused-Arun was charged under Section 363/34 IPC, 366A, 376, 120B IPC and Section 4 of the POCSO Act; whereas accused Amit, Kushlata and Kareshan were charge sheeted for commission of offences under Sections 368, 120-B IPC and Section 4 of the POCSO Act.