STATE OF J & K Vs. MEET MASIH

JUDGEMENT

(1.) This instant criminal acquittal appeal has been preferred by the State/U.T of J&K-appellant against the judgment dtd. 27/8/2014 passed by the learned 3rd Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) by virtue of which, the respondent has been acquitted of the charges under Sec. 363 and 376 RPC arising out of FIR bearing No. 156/2010 of Police Station, Satwari, District Jammu.

(2.) The instant appeal has been filed on the grounds that there is sufficient material on record to convict the respondent and the prosecution has established the case against the respondent by adducing documentary as well as oral evidence, that is sufficient to prove the guilt of the respondent. It is further stated that the learned trial court has taken hyper technical approach while considering the date of birth of the appellant, as such, the judgment impugned is bad in the eye of law.

(3.) The brief facts those are necessary of the disposal of the present appeal are that on 18/9/2010, a written report lodged by Janak Raj, the father of the minor prosecutrix at Police Station Satwari that that his daughter, student of 8th Class, aged 15 years went missing yesterday. He made a search of his daughter but no clue was found, however, after inquiry, he came to know that his daughter had been enticed by the respondent herein, who kidnapped her and took her to unknown place. After the aforesaid report, the Police registered the FIR against the accused for commission of offence under sec. 363 RPC and investigation commenced. The Investigating Officer visited the spot from where prosecutrix was kidnapped and prepared a site plan and recorded the statement of the witnesses under sec. 161 Cr.P.C. The date of birth of the prosecutrix was also obtained from the Government Middle School, Sure Chak and as per said certificate, the date of birth of the prosecutrix was 15/7/1997.