M.G. Giratkar, J. - (1.)State has filed the present appeal against the judgment of acquittal by the Sessions Judge, Chandrapur in Sessions Case No.01/2013. The case of the prosecution against the respondent/accused in short is as under: Prosecutrix was residing with her parents at Raiyatwari Jam. She was learning in 10th standard in Nav Bharat Vidyalaya, Vhyad Bujrug. Accused Amrut Jadhav was resident of village Dabhala, Tahsil Tarana, District Ujjain (M.P.). Prior to two years, accused was married to one Anita, the daughter of Maroti Burande resident of village Raiyatwari. The wife of accused being the relative of the prosecutrix, prosecutrix used to meet Anita wife of accused. Accused was acquainted with the prosecutrix.
(2.)On 17.10.2012 prosecutrix was going to school by walk and when she reached near bus stand, the accused met her and eloped her under the promise of marriage. Accused did sexual intercourse. When she informed her parents on phone. On the report of father of the prosecutrix offence was registered against the accused. Crime was registered for the offence punishable under Sections 363, 366 and 376 and 417 of the Indian Penal Code. Crime was investigated by A.P.I. Shri Alone. After complete investigation, chargesheet was filed before the Judicial Magistrate First Class, Chandrapur who in turn committed the case to the Court of Session at Chandrapur.
(3.)Charge was framed at Exh.8, same was read over and explained to him, he pleaded not guilty and claimed to be tried. The prosecution has examined in all total nine witnesses. At the conclusion of the trial accused came to be acquitted. Hence the present appeal by the State.