STATE THROUGH P/S MALHAR Vs. MUZAFFAR IQBAL

JUDGEMENT

(1.) Heard.

(2.) This criminal acquittal appeal has been filed against the judgment dated 14.05.2016 passed by the Trial Court by which respondent has been acquitted in respect of offence under Section 376 of the RPC.

(3.) Prosecution story in nutshell is that on 07.12.2012, complainant PW-Sher Mohd father of the prosecutrix lodged the report that in the night intervening 27th ? 28th of March, 2012, when prosecutrix and her other family members were sleeping at home, accused entered the house and kidnapped the prosecutrix on gun point. It was further stated that the prosecutrix was taken to nearby forest where she was subjected to rape. It was further stated that he tried to intervene, thereupon he was threatened by the accused that if he tried to intervene, he will shoot him with his gun. It was also stated in the report that the age of the prosecutrix is between 13-14 years. On the basis of the aforesaid written report, FIR was registered for offences under Sections 366/376 of the RPC and 4/25 of the Arms Act against the respondent and the investigation commenced. The statement of the prosecutrix under Section 164-A CrPC was recorded. The police after completion of the investigation filed the charge sheet against the respondent.