RAISUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two matters have arrived out of a single judgment dtd. 15/11/2006 passed by learned Additional Session Judge (Fast Track) No.1, Jodhpur, whereby the accused respondent was acquitted from the charges under Ss. 363, 366 and 376 of IPC. S.B. Criminal Revision Petition No.34/2007 has been preferred on behalf of the complainant whereas S.B. Criminal Appeal No.422/2007 has been preferred on behalf of the State of Rajasthan, but both the matters have challenged to the finding of acquittal arrived at by the learned Trial Court.

(2.) Bereft of the elaborate details, briefly stated facts of the case would be that on 13/4/2005, a report Exhibit P-2 came to be lodged at the instance of PW- 1, Raissudin, who is the petitioner in S.B. Criminal Revision Petition No.34/2007 alleging inter alia taking away of his daughter "S" by the accused respondent Nadeem for the purpose of marrying her. Based upon the report Exhibit P-2, an FIR was lodged and during investigation, the victim was recovered, the accused was arrested and after investigation, the charge-sheet for committing offences mentioned above was submitted. After taking cognizance of the offence, the matter was committed to Court of Sessions and where charges were framed and as many as 12 witnesses were examined and 20 documents were tendered into evidence to substantiate the charge. The accused was examined under Sec. 313 Cr.P.C. wherein he claimed innocence, but no defence evidence was placed. The point of determination before learned Trial Court was that (a) whether the victim was a minor (b) whether she was subjected to rape, and if yes, then what should be the punishment.

(3.) I have heard learned Counsel for the parties and gone through the judgment under challenge as well as record of the case and my observations are as under.