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Unique Case ID Number : 02401R0353912010.

FIR No. 130/2010, Police Station Moti Nagar, Under sections 363, 376, 506 and 34 of the Indian Penal Code. State versus Shankar Kumar and another. -:: Page 4 of 43 ::-

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the offence under sections 363/366 and 34 of the IPC was framed against accused Mr. Ajit Kumar.

PROSECUTION EVIDENCE

6. In order to prove its case, the prosecution has examined as many as 16 witnesses i.e. the prosecutrix is PW1; Mr. Pawan Kumar, father of the prosecutrix is PW2; ASI Ravinder Kumar, duty officer who had recorded the formal FIR of the case, is PW3; Dr. Narender Kumar, who had medically examined the prosecutrix and referred to Gynae Department, is PW4; ASI Partap Singh, who is the first investigation officer of the case is PW5; ASI Renu, who is second Investigating Officer of the case, is PW6; Ms. Manti, the mother of the prosecutrix is PW7;

ARGUMENTS

8. I have heard arguments at length. I have also given my conscious thought and prolonged consideration to the material on record, relevant provisions of law and the precedents on the point.

9. The Additional Public Prosecutor for the State has requested for convicting the accused Mr.Shankar Kumar for having committed the offence under sections 363, 376,506 and 34 of the IPC and for convicting the accused Mr.Ajit Kumar for having committed the offence under sections 363, 366 and 34 of the IPC submitting that the prosecution has been able to bring home the charge against the accused by examining its witnesses whose testimonies are corroborative and reliable.

FIR No. 130/2010, Police Station Moti Nagar, Under sections 363, 376, 506 and 34 of the Indian Penal Code. State versus Shankar Kumar and another. -:: Page 23 of 43 ::-

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62. In her statement under section 164 of the Cr.P.C., the prosecutrix has deposed that two boys whom she knows by names and faces, came to her on 05.05.2010 at about 12 noon and extended threats to her and forced her to sit in an auto which was driven by accused Ajit Kumar and kept driving around for about an hour. They took her to a room at an unknown place. At night, accused Shankar came to the room and forcibly raped her. She was kept there for three days where he repeated his act. On 09.05.2010, she managed to escape when the door was left open.

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SECTIONS 363 AND 376 OF THE IPC

69. In the present case, the charge sheet was filed under sections 363/376/506/34 of the IPC and the charge for offence under sections 363/366/506/376 and 34 of the IPC was framed against the accused Mr.Shankar Kumar and the charge for the offence under sections 363/366 and 34 of the IPC was framed against accused Mr. Ajit Kumar.

70. For proving the offence under section 363 and 366 of the IPC, the first and foremost requirement of the prosecution is to prove that the prosecutrix was a minor on the date of the commission of the offence and she had been kidnapped.