STATE OF RAJ Vs. KAILASH CHANDRA

JUDGEMENT

(1.) The State is aggrieved by the judgment dated 11.11.2010 passed by the Additional Sessions Judge No.2, Chittorgarh whereby the learned Judge has acquitted the accused respondent, Kailash Chandra for offences under Sections 366 & 363 IPC.

(2.) Briefly the facts of the case are that on 1.2.2008 Bheru Lal, (P.W.1) submitted a typed report before the police wherein he claimed that his daughter, Sumitra, aged about 13-14 years, was married to one Devilal. However, as his daughter was a minor, she was stayed at the parental home. About ten days prior to the filing of the report, he and his wife were not available at home. Around 4:00 P.M., Kailash, the accused before this Court, along with his friends Bheru and Kamli enticed and took away his daughter. While taking his daughter, he took few ornaments, namely Kandora, weighing 1 kg of silver, one Ramnami, weighing 1 tola of gold, one Mandalia, weighing 8 gram of gold. He further claimed that they have taken his daughter for the purpose of marrying her. On the basis of said report, a formal FIR, FIR No. 37/2008, was chalked out for offences under Sections 363, 366 & 380 IPC.

(3.) In order to support its case, the prosecution examined twelve witnesses and submitted sixteen documents. In defence, the accused respondent did not examine any witness, but did submit a single document. After going through the oral and documentary evidence, vide judgment dated 11.11.2010, the learned Judge acquitted the accused respondent. Hence, this criminal leave to appeal before this Court.