STATE Vs. MOHD RASHEED AND ANOTHER

JUDGEMENT

(1.) For the reasons assigned in the application which is duly supported by an affidavit, we find sufficient ground for condoning the delay of 448 days in filing the appeal is made out. Accordingly, delay in filing the appeal is condoned.

(2.) This criminal acquittal appeal has been filed against the judgment dated 13.06.2014 passed by the Trial Court by which respondents have been acquitted in respect of offences under Sections 363/376/109 RPC of the RPC.

(3.) Prosecution story in nutshell is that on 21.05.2011, Mohd Ali, father of the complainant Mushtaq Ahmed PW-1 approached the police station, Nagrota and filed a written complaint to the effect that on 19.05.2011, prosecutrix namely grand-daughter, aged about 15 years, left the house in the morning at about 7.30 a.m. to visit the Department of Social Welfare, Jammu after taking rupees ten thousand in cash with her for getting a job who did return back home and despite frantic search made at different places he is unable to trace her. Thereafter PW-1 lodged a written complaint in the police station Nagrota in which inter alia it was stated that prosecutrix was taken away to unknown place by the respondents. Thereupon, the first information report was lodged against the respondents for offences under Sections 363/120-B of the RPC and the investigation commenced. After completion of the investigation, the police filed the charge sheet. The trial Court vide judgment dated 13.06.2014 acquitted the respondents of the offences alleged against them.