Decided on July 19,2013

State of Uttaranchal (now State of Uttarakhand) Appellant
Muntzir S/O Nyadar Respondents


- (1.) This appeal, preferred under Section 378 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 21.10.2003, passed by the learned Additional Sessions Judge/ F.T.C. IV, Haridwar in Sessions Trial No.243 of 2002, whereby the said court has acquitted the accused/respondent Muntzir from the charge of offences punishable under Section 376 of I.P.C.
(2.) Heard learned counsel for the parties and perused the lower court record.
(3.) Prosecution story, in brief, is that the complainant, Munsab Ali, lodged a First Information Report on 12.03.2002 at Police Station Jawalapur, stating therein that on 07/08.03.2002 when he and his family members had gone to attend mourning in their relation, then his minor daughter Km. Mahroonisha, aged about 13 years, was alone in the house. That time, about 12.00/01.00 a.m., the accused Muntzir along with one unknown person entered in his house with revolver and told his daughter to accompany them and threatened her saying that if she makes any noise, they will kill her. Thereafter, they took her to Nisar's dilapidated house, which was situated at a lonely place, and committed rape on her against her wish and due to fear, she did not scream. When his daughter was kidnapped, a Lantern was lit in the house. She did not know another accused, but if produced before her, she will be able to recognize him. When the complainant alongwith his wife returned home after two days, she tearfully told her parents about the incident. Upon hearing which, the complainant and his wife fell in a state of shock and were quiet due to shame and humiliation till the F.I.R. was registered. After lodging the F.I.R., the prosecutrix, Mahroonisha, was medically examined and the Investigating Officer recorded the statements of witnesses. On the basis of said report, Chik report (Ext. A-8) was prepared and case crime no. 100 of 2002 was registered in respect of offence punishable under Section 376 of I.P.C., against the accused Muntzir. Investigation was taken up by P.W.6 S.I. Amar Pal Singh, who interrogated the witnesses and started investigation. After completion of investigation, the said Investigating Officer submitted charge sheet against the accused Muntzir, for his trial in respect of offence punishable under Section 376 of I.P.C.;

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