Since it is a case of kidnap and rape of minor girl, as
such the name of the victim girl is no where shown ... that:
"S.366-Kidnapping to compel marriage-
Appreciation of evidence-Accused allegedly kidnapping
victim, aged 17 years and raping her-Victim and accused
residing
seizure of car, non-
seizure of mahazar with respect to kidnapping, rape
allegedly committed on 26/02/2012, non-seizure of torn
clothes is fatal ... other circumstances to show improbabilities of
commission of the offence of kidnap and rape by the
accused.
36. The prosecutrix has been put to elaborate
Prosecution has produced the evidence of
witnesses to prove the alleged Kidnap, Rape and Sexual
Assault committed by the Accused against the deceased ... whose presence
the deceased minor Victim gave Statement with regard to
Kidnap, Rape and Sexual Assault committed by the Accused
after marrying
Kidnapped her minor daughter
and the Mahazar conducted by the Police stating
that Accused after Kidnapping her daughter forcibly
committed Rape ... Prosecution,
doubt will certainly arose with regard to the alleged
Kidnap, Rape and Penetrative Sexual Assault
committed by the Accused on the minor Victim.
Further
Prosecution to prove
the allegations of Kidnap, Rape and Aggravated
penetrative Sexual Assault on the minor Victim is
examined six witnesses including the Complainant ... Accused
11
Spl.C C.354/2016
relating to the Kidnap, Rape and Aggravated
Penetrative Sexual Assault committed by him on the
minor Victim
allegations made against the
Accused No.1 in respect of Kidnap, Rape and
Penetrative Sexual Assault repeatedly on Victim and
Accused No.2 Abated ... prosecution has not produced supporting
evidence in proof of the Kidnap, Rape and Aggravated
Penetrative Sexual Assault committed by the Accused
POCSO Act,
2012 . In proof of the said allegations of Kidnap, Rape
and Aggravated Penetrative Sexual Assault committed
by the Accused on the minor Victim ... relied on the evidence
of minor Victim, said to be kidnapped, Raped and
Sexually Assaulted by the Accused in a hut near Attur
Layout Road
Victim, Doctor and Police Officials to
prove the allegations of Kidnap, Rape and
Aggravated Penetrative Sexual Assault committed by
the Accused on the minor Victim ... kidnapped by the Accused and she
did not inform anything regarding after Kidnapping
her the Accused kept her in the relative house and
committed Rape
Since it is a case of kidnap, rape and murder of
minor girl, as such the name of the deceased is no where shown ... prosecution
produces the evidence in respect of kidnapping of deceased from
her lawful guardian, raped on her and then murdered her.
18. No doubt
POCSO Act, 2012.
2. Since it is a case of kidnap and rape of minor girl, as
such the name of the victim girl ... true that even before Magistrate also the
victim girl stated about kidnap and rape done by the accused No.1
on her in Chengum, Katukoli
