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3. Charge u/s. 363/328/376 (g) IPC was given to accused, to which he pleaded not guilty and claimed trial.

4. To prove its case prosecution has examined eight witnesses. Prosecutrix was examined as PW1, she admitted her signatures on Ex.PW1/A i.e statement recorded by Ld. M.M. PW2 Sh. Sanjeev Bhardwaj is the complainant, he proved his complaint Ex.PW2/A, arrest memo, personal search memo and disclosure statement of accused as Ex.PW2/B to Ex.PW2/D, site plan Ex.PW2/E and pointing out memo prepared at the instance of complainant Ex.PW2/F. PW3 ASI Satvir Singh is the first IO, he proved rukka Ex.PW3/A. PW4 HC Andresh was the duty officer, he proved FIR Ex.PW4/A, and endorsement on rukka Ex.PW4/B. PW5 SI Ramo Devi is the second IO, she proved seizure memo vide which exhibits given by doctor after medical examination of prosecutrix were seized. PW6 Anshul is working in Carnation Auto India Pvt. Ltd. where accused was working. PW7 SI Anuradha is the main IO, she proved seizure memo Ex.PW7/A vide which exhibits given to her after medical examination of accused were seized, FSL result Ex.PW7/B and seizure memo of car No. DL­3CH­2608 as Ex.PW7/C. PW8 Dr. Anuradha Mishra has proved FIR No. 31/12 page 2 of page 15 MLC of prosecutrix as Ex.PW8/A prepared by Dr. Archana as she reported to have left the service and her present whereabouts are not known.

7. Accused led evidence in defence and examined three witnesses. DW1 Virender Singh produced the attendance record of Carnation Auto India where accused was working as Ex.DW1/A. DW2 Sh. Israr Babu, Alternate Nodal Officer, Vodafone Mobile Service Ltd., he deposed that CDR of mobile No. 9582334791 are not available as only record for a year is retrieved as per TRAI Guidelines. DW3 Sh. Amar Nath Singh, Nodal Officer, Idea Cellular Ltd., he proved CDRs of mobile No. 9540305323 as Ex.DW3/A, its CAF as Ex.DW3/B and certificate u/s. 65B of Evidence Act as Ex.PW3/C.

19. One of the contention raised by Ld. counsel for the accused is that accused is working as Applicator in the office of Carnation at Sector 5, Noida and he was present on duty on 7.2.12 and 8.2.12 which demolishes the allegations made against him. To prove his defence accused has examined three witnesses. DW1 Virender Singh, Business Development Manager, Auto Nation, Paschim Vihar has produced the attendance record for February'12. As per him accused was working as Applicator in their office i.e 'Carnation"

Sector­5, Noida. During cross he admitted that their employees including accused used to go out from office during working hours. PW6 Anshul is the owner of the Car No. DL­3CH­2608 in which FIR No. 31/12 page 9 of page 15 accused is stated to have kidnapped the prosecutrix. He is also working in Carnation Auto India Pvt. Ltd. at Section 5, Noida. As per him accused was also working in the same office as supervisor. The Maruti Car No. DL­3CH­2608 was purchased by him two years ago but he had not transferred it on his name. Sometimes accused used to take away his car. During cross by accused he has stated that accused had not taken his vehicle on 6.2.12. During his cross­examination he admitted that accused had not taken his car on 7th or 8th February'12.