STATE OF HARYANA Vs. RANJIT SINGH

JUDGEMENT

(1.) State of Haryana has filed this application seeking leave to appeal against the judgment dated 30.11.2016 passed by the Court of Additional Sessions Judge, Ambala whereby the accused Ranjit Singh charged for having committed offences punishable under sections 366, 376, 420, 406 IPC, has been acquitted.

(2.) FIR No. 25 dated 24.4.2015 was lodged at Police Station, Naggal, District Ambala the instance of Surjit Singh resident of village Jansua, District Ambala wherein he alleged that his son Satwinder Singh is residing in USA since 2011 and his daughter-in-law along with her two children is residing with the complainant and that on 21.4.2015, his daughter-in-law (hereinafter referred to as the 'prosecutrix') had gone to Ambala for buying uniform for the children but did not return back.

(3.) The prosecutrix was subsequently produced by the complainant and her sister Rajwinder Kaur and her statement was recorded under Section 164 Cr.P.C., 1973 by the Illaqa Magistrate. The prosecutrix was got medico-legally examined. The accused was arrested on 4.5.2015. Upon conclusion of investigation, challan was presented against the accused. The Trial Court after framing charges against the accused in respect of offences punishable under Section 366, 376, 420 and 506 IPC examined as many as 13 witnesses. The accused in his statement recorded under Section 313 Cr.P.C., 1973 pleaded false implication and stated that he has love affair with the prosecutrix and that he had never enticed or kidnapped her and she had travelled with him to different places at her will without any pressure or coercion and it was solely due to intimacy with him that she accompanied him and did not raise any alarm at any time either at Ambala, Amritsar or Chandigarh etc. The accused, however, did not lead any evidence in his defence.