- (1.) Crm-28434 of 2015 Heard. Sufficient cause has been shown for condonation of 24 days' delay in filing of the appeal. Hence this delay of 24 days in filing of the appeal is condoned and this CRM stands accepted and disposed of accordingly. CRM-A-1484-MA of 2015 1. This application has been filed by the applicant State of Haryana u/S 378(3) of the Code of Criminal Procedure (in short Cr.P.C.) for the grant of leave to file appeal against the judgment dated 7.5.2015 passed by the Court of learned Additional Sessions Judge (Exclusive Court for Heinous Crimes against Women), Kurukshetra in criminal case bearing FIR No.51 dated 6.5.2014 u/Ss 363, 366-A, 376, IPC and u/S 4 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), Police Station Ismailabad, District Kurukshetra vide which the accused (respondent-herein) was acquitted of the charges u/Ss 363, 366 of the IPC and u/S 4 of the POCSO Act, 2012, by giving him benefit of doubt.
(2.) The prosecution version, in brief, as put forth before the learned trial Court was that complainant Gurbaj Singh son of Sucha Singh moved his complaint Ex.P3 before the police of Police Station, Ismailabad, District Kurukshetra against respondent (accused). It was mentioned in the complaint that he had two sons and two daughters. His daughter (victim) aged about 17 1/2 years was a student of 10+2 in Balbir Singh Government Senior Secondary School, Ismailabad. She went to her school on 5.5.2014 at about 8:00 A.M. from the house. When he went to her school to bring her back, then she was not found present in the school. On inquiry, he learnt that his said daughter was taken away by one young boy namely Sahaj son of Rulda Ram, resident of Mandwal, Police Station, Rajaund, District Kaithal. His daughter was enticed away by the said boy on the pretext of marrying her. He made search of his daughter at his own level. Further request was made to take action against the culprit. On the basis of this complaint, FIR was registered in this case. During investigation, statements of witnesses were recorded. Prosecutrix was got recovered from the possession of the respondent (accused). Her statement u/S 164, Cr.P.C. was also got recorded. Medical examination of the victim as well as of the accused was also got conducted. On completion of investigation, challan was presented in the Court.
(3.) Finding a prima facie case u/Ss 363 and 366 of the IPC and u/S 4 of POCSO Act, 2012 against the accused (respondent-herein), he was charge-sheeted accordingly, to which, he pleaded not guilty and claimed trial.;