- (1.) The applicant has filed this application under Section 378(4) Cr.P.C., seeking leave to file an appeal against judgment of acquittal dated 17.12.2011. Vide that judgment, respondent Nos.2 and 3 were acquitted of the charge framed against them on 11.3.2011 for commission of offences under Sections 366, 363 and 376 IPC. It was allegation against both of them that they had enticed away daughters of the applicants with a false pretext to marry them and thereafter they had committed rape upon them.
(2.) The process of law was set in motion on a statement made by Ramphool Singh (PW1), stating that his daughter and daughter of applicant No.2 (his brother) aged about 16 years were missing from their house. Both were studying in plus two class in a government school of village Nagal Kalan and in the morning of 26th December 2010, at about 4.00 a.m. they were found missing. Suspicion was raised against respondent No.2 and 3 having taken away both the girls. After recording FIR, the investigating officer came into action. Both the girls were recovered from Banglore from the custody of respondent Nos.2 and 3. The girls disclosed to the investigating officer that they had been enticed away by the accused with a promise to marry them. It was further stated that both have committed rape upon them. Both the girls and the accused after arrest, were medico legally examined from government hospital at Sonepat.
(3.) On completion of investigation, final report was put in Court. Copies of the documents were supplied to the accused respondent Nos.2 and 3 as per norms. Vide order dated 2.2.2011, case was committed to the competent court for trial. On 11.3.2011, both the respondents were charge sheeted to which they pleaded not guilty and claimed trial. Prosecution produced 19 witnesses and also brought on record documentary evidence to prove its case.;