Document Fragment View

Matching Fragments

FIR No. 95/10 page 1 of Page 11

2. On 15/16.3.10 PW8 SI Savai Lal got the information that the prosecutrix with a boy is present in the house of the boy at Jalalpur, Aligarh. On 23.3.10 alongwith other police officials he reached PS Delhi Gate and gave information there. Thereafter he went to the house of accused Manoj, from there accused Manoj was apprehended and prosecutrix was recovered. PW8 recorded statement of the prosecutrix. During investigation prosecutrix was produced before Ld. M.M and her statement u/s. 164 Cr. PC was got recorded. After investigation police filed chargesheet against accused u/s. 363/366 IPC.

3. Charge u/s. 363/366 IPC was given to accused, to which he pleaded not guilty and claimed trial.

4. To prove its case prosecution has examined 13 witnesses.

PW1 Sh. Krishan Murari is the complainant, he proved his complaint Ex.PW1/A. PW2 Sh. Munesh Kumar is the father of the prosecutrix. PW3 is the prosecutrix and she proved her statement Ex.PW3/A made before the Magistrate. PW4 Sh. Rai Singh, Clerk, Tikaram Kanya Inter College, Aligarh, he proved the authority letter Ex.PW4/A given to her by Principal, certified copies Ex.PW4/B to PW4/E of the application for admission, transfer certificate, school leaving certificate and mark- sheet submitted by prosecutrix with the school. He also proved certificate Ex.PW4/F issued by Principal Smt. Bina Maheshwari of the FIR No. 95/10 page 2 of Page 11 School. PW5 Dr. Vinay Kumar Singh, Specialist Forensic Medicine, LBS Hospital proved ossification report Ex.PW5/A. PW6 HC Sanjay Kumar, duty officer proved FIR Ex.PW6/A and endorsement on rukka Ex.PW6/B. PW7 Lady Ct. Mona accompanied the police team on 23.3.10 to Aligarh, she proved recovery memo of prosecutrix Ex.PW7/A. PW8 SI Savai Lal is the IO, he proved arrest memo of accused Ex.PW8/A, seizure memo Ex.PW8/B of pulanda containing blood sample, semen sample, underwear and pubic hair of accused. PW9 SI Dinesh Kumar had brought the prosecutrix on 31.3.10 in the Court for getting her statement recorded u/s. 164 Cr. PC. PW10 HC Bijender did part investigation in this case and collected evidence regarding age proof of prosecutrix. PW11 SI Narender Kumar proved rukka Ex.PW11/A. PW12 Ct. Manoj Kumar on 23.3.10 took the accused to LBS Hospital on the directions of IO for his medical examination. He handed over the parcels given to him by the doctor to the IO. PW13 Dr. R.N. Dass, CMO, LBS Hospital proved MLC of the accused Ex.PW 13/A.

6. Heard arguments of Sh. Mohd. Iqrar, Ld. APP for the State and Sh. Abdul Sattar, Ld. Amicus Curiae for the accused. Perused the case file.

7. The Ld. APP submitted that prosecutrix was minor and she has specifically alleged while deposing as PW3 that she was kidnapped from Delhi by accused and was taken to Aligarh and there he married her against her wish. It is stated that prosecution has been able to prove the ingredients of the offence u/s. 363/366 IPC against the accused.

19. In view of the facts and circumstances of this case and in the light of law laid down by our High Court, ingredients of the offence U/s 361 IPC are not established against the accused. Accordingly offence U/s 366 IPC against the accused also goes. Accused is accordingly acquitted from the offence s U/s 363/366 IPC. 

FIR No. 95/10                                     page 10 of Page 11
           File be consi gned to r ecord room.




Announced i n the open Cour t                         ( SANJAY GARG )
on 7th day of Januar y, 2011                    Addl. Sessions Judge ( East)
                                                 FTC, Karkardooma Courts:
                                                         DELHI.




FIR No. 95/10                                        page 11 of Page 11