UNION TERRITORY Vs. AMIT KUMAR @ RACHU

JUDGEMENT

(1.) Present application has been filed under section 378 (3) of the Code of Criminal Procedure, 1973 (in short "the Code ") for grant of Leave to Appeal against the judgment of acquittal dated 30.01.2017 passed by learned Additional Sessions Judge-cum-Judge Special Court, Chandigarh, whereby respondents/accused have been acquitted for the offences under Sections 363, 366, 120-B, 376-D, 342 Indian Penal Code (IPC).

(2.) Tersely put the facts of the case of the prosecution are that PW-2 (Pappu son of Munshi Ram, father of the prosecutrix/victim) moved a complaint to the local police wherein he stated that his daughter (prosecutrix) was found missing. He also alleged in the complaint that on 30.10.2015 at about 11/12 P.M. she went to attend a 'Jagran ' but she did not come back to the house till morning. He made her frantic search but he failed to find out any clue of her whereabouts. Later on, he came to know that four boys, namely, Amit, Suraj, Kannu and Vikas (respondents/accused) abducted her in a car bearing Registration No. CH- 01-AR-6944. On the basis of this complaint, a formal F.I.R. (Ex. P-17) was registered under Sections 363, 366, 120-B IPC. During investigation, all the accused were arrested and prosecutrix was also recovered. Her statement under Section 164 Cr.P.C was got recorded by the Investigating Officer. Accused were medically examined and prosecutrix was also subjected to medical examination.

(3.) We have heard learned counsel for the parties and have also gone through the paper-book very carefully with their assistance.