- (1.) Heard learned AGA for the State-appellant and perused the material on record.
(2.) The instant appeal along with leave to appeal has been moved by the State-appellant against the judgment and order of acquittal dated 15.03.2008 passed by the Additional Sessions Judge, FTC No. 17, Bulandshahr in consolidated Session Trial Nos. 172 of 2003, 290 of 2005, 618 of 2003 and 431 of 2005, arising out of Case Crime No. 157 of 2002 under Sections 363, 366/34, 504, 506 and 376(2) (Chha) IPC, Police Station Salempur, District Bulandshahr whereby the accused-respondents have been acquitted of charges under Sections 363, 366 read with Section 34, 504, 506 and 376(2) (Chha) IPC.
(3.) The relevant facts as discernible from the certified copy of the impugned judgment, in brief, are that informant Chandrabhan Sharma son of Rajvir, resident of Village Dhatori, Police Station Salempur, District Bulandshahr on 24.10.2002 but the police authority refused to lodge the report, whereupon a typed report was given to the Circle Officer, City Bulandshahr, on whose intervention, the report of the informant was lodged at Case Crime No. 157 of 2002 under Sections 363, 366, 504, 506 IPC, Police Station Salempur, District Bulandshahr on 04.11.2002 wherein it was alleged, inter-alia that the niece of the informant had gone to answer natures call in the morning at 6:30 a.m. on 23.10.2002 in the village Dhatori, Police Station Salempur, District Bulandshahr when the present accused, who were standing over there on the road with white Ambassador car, enticed away her in the car. The incident was witnessed by Hoti Lal and Badri Prasad and others. The informant requested the accused after visiting their home to return his niece but they did not heed to his request instead they were ready to fight.;