- (1.) The instant application under Section 378(3) of the Code of Criminal Procedure ('Cr.P.C.' for short), has been filed for leave to file appeal against the judgement of acquittal dated 30.7.2011, whereby respondent no.2 was acquitted of the charge framed against him.
(2.) The criminal law was set into motion by the applicant by making his statement Ex.P-4. The allegation against the accused-respondent no.2 was that on the intervening night of 2/3.9.2010, he kidnapped the prosecutrix, who was minor being aged about 17 years, from the lawful guardianship, without her consent. It was further alleged that respondent no.2 induced prosecutrix to marry with him. It was also alleged that the accused forced the prosecutrix to have undesirable relation with him and he sexually assaulted the prosecutrix from 3.9.2010 to 5.12.2010. For the sake of brevity, it would be appropriate to refer to the facts recorded by the learned trial court, in para 2 of the impugned judgement and the same read, as under :- " 2. Sat Pal PW-5 is resident of Hari Palace Road, Ambala City. Besides the prosecutrix, he has two sons. The prosecutrix was a student of B.Com. Ist Year at Deve Samaj College, Ambala City. On the intervening night of 2/3.9.2010 and in between the time of 12.00 to 2.00 A.M. some unknown person induced and took away his daughter on the pretext of marriage. A search for her was made with relatives as well as at different places but with no positive result. So, a complaint Ex.P-4 was made with the police and which led to registration of formal FIR Ex.P-3 after making an endorsement Ex.P-4/1. Investigations commenced. The police collected birth as well as 5th class certificates of the prosecutrix as Ex.P-8 and Ex.P-9 respectively and which were taken into possession vide seizure memo Ex. P-10. The prosecutrix was recovered and found in the company of the accused and was identified by the complainant as his daughter vide memo Ex.P-5. The accused was arrested and suffered disclosure statement Ex.P-6 and on the basis of which he pointed towards the place of occurrence vide memo Ex.P-7. A rough site plan of that place Ex.P-19 besides the scaled site plan Ex.P-18 were prepared. The police also got prepared site plan Ex.P-20 of the place of occurrence. The prosecutrix was got medicolegally examined vide MLR Ex.P-13 by moving an application Ex.P-12 from Dr. Balwinder Kaur PW-6. On an application Ex.P-22, the police also got recorded statement Ex.P-15 of the prosecutrix under Section 164 of the Code of Criminal Procedure and which led to passing of orders Ex.P-14, Ex.P-14/1 and Ex.P-14/2 respectively. The custody of the prosecutrix was handed over to her parents vide memo Ex.P-11. Statements of the witnesses were recorded. After usual investigations, police found sufficient grounds to proceed against the accused and as such a charge-sheet was filed against him in the Court of Illaqa Magistrate to face trial and which was received on commitment for trial on 14.2.2011."
(3.) The investigation was started on the basis of above said allegations. The accused was arrested, who suffered disclosure statement Ex.P-6. On the basis of disclosure statement, the Investigating Officer visited the place of occurrence. A rough site plan Ex.P-19 was prepared with correct marginal notes. The prosecutrix was medico legally examined, vide MLR Ex.P-13, from Dr. Balwinder Kaur PW-6. Statement of the prosecutrix was got recorded under Section 164 Cr.P.C., as Ex.P-15 Statements of other witnesses were also recorded. After completing the investigation, report under Section 173 Cr.P.C. was presented to the learned court of competent jurisdiction. Relevant documents were supplied to the accused, as per law. Since the offence was exclusively triable by the learned court of Sessions, the case was committed to the learned court of competent jurisdiction for trial thereof. Having found a prima facie case, charge was framed against the accused for the offences, punishable under Sections 363,366 and 376 of the Indian Penal Code ('IPC' for short). The accused pleaded not guilty and claimed trial.;