STATE OF RAJASTHAN Vs. BHANWARLAL

JUDGEMENT

(1.) The present criminal appeal under Sec. 378 Cr.P.C. has been preferred by the State of Rajasthan against the judgment dtd. 30/11/1998 passed by the learned Additional Sessions Judge, Sojat, District Pali in Sessions Case No. 28/1997, whereby the accused-respondents, namely, Bhanwarlal S/o Laburam and Sukhdev @ Sukhiya S/o Trilokram have been acquitted of the charges under Ss. 366 and 376 IPC.

(2.) Considering the fact that appeal pertains to the year 1999 and that the counsel representing the respondents is not available, this Court, in the interest of justice, deems it appropriate to appoint Ms. Manisha Phophaliya as Amicus Curiae to assist the Court on behalf of the accused-respondents under the Free Legal Aid Scheme of the Rajasthan State Legal Services Authority.

(3.) Briefly stated, the facts of the case are that on 13/4/1997, the complainant lodged a report at Police Station Sojat City alleging that his daughter (prosecutrix) had gone missing from the house and was suspected to have been enticed away by the accused persons. During investigation, the prosecutrix was recovered and her statements were recorded under Sec. 161 Cr.P.C. as well as under Sec. 164 Cr.P.C. Medical examination was also conducted. Upon completion of investigation, chargesheet came to be filed against the accused-respondents for offences under Ss. 366 and 376 IPC. The case was committed to the court of Sessions and after trial, the learned Additional Sessions Judge, Sojat (Pali) acquitted the accused-respondents vide judgment dtd. 30/11/1998, which is assailed in the present appeal.