STATE OF RAJASTHAN Vs. BABULAL @ BABBU

JUDGEMENT

(1.) Complainant Bodu Ram lodged a complaint on 12.11.2006 with the averments that on 10.11.2006 at about 5.00 P.M. His wife went to market to fetch vegetables and his minor daughter(the prosecutrix) aged about 17 years was at the house. When his wife returned to the house then prosecutrix was found missing. On 11.11.06 a phone call was received from Pooran Mal stating that the prosecutrix and Babu Lal, accused respondent came and are staying with him. When they reached at Jaipur but did not find both of them at the house of Pooran Mal as from the residence of Pooran Mal both of them fled away. After search of many places both the prosecutrix and Babu Lal could not be traced. The police on the basis of the complaint submitted by the complainant Bodu Ram the police on 12.11.2006 registered a case under Sections 363 and 366 Penal Code vide FIR No.129/2006. On 16.11.2006 the prosecutrix was recovered from Kota vide recovery memo Ex.P.16 and after investigation challan was filed against respondent under Sections 376 and 366 IPC. On the basis of the material and evidence produced by the prosecution along with the challan, the learned trial court framed charges against accused respondent under Sections 366 and 376 Penal Code to which he denied, pleaded not guilty and claimed trial. To prove its case, the prosecution examined 14 witnesses and also produced some documents. In his statement under section 313 Crimial P.C. the accused respondent denied the allegations and has deposed that he was falsely implicated in the case. However, no witness was produced in defence.

(2.) Learned trial court after hearing both the sides and evaluating the evidence produced by the prosecution, acquitted the accused respondent of the charge under Sections 366 and 376 Penal Code vide judgment dated 30.1.2008. Against which judgment, the present leave to appeal has been filed by the State Government.

(3.) Heard learned P.P. as well as learned counsel for the accused respondent and perused the material and evidence available on the record of the case.