Ramendra Jain, J. - (1.) CRM-1056-2016 Sufficient cause has been shown to condone the delay of 467 days in filing the instant appeal. Hence, the application is allowed and delay of 467 days in filing the instant appeal is condoned. CRM-1057-2016 Allowed as prayed for. CRA-AD-16-2016 Appellant No. 1-complainant and her daughter-appellant No. 2 (hereinafter to be referred as 'the prosecutrix') have filed the present appeal against the judgment dated 22.07.2014, passed by the learned Additional Sessions Judge, Karnal acquitting both respondents No. 1 and 2 under Sections 363/366-A/372/373 and 376 of the Indian Penal Code (IPC).
(2.) Briefly stated, on 08.05.2012, DDR No. 23 was got recorded about missing of the prosecutrix since 02.05.2012. On 17.05.2012, FIR under Section 363 IPC was got lodged against 8 persons for kidnapping and illegal confining of the prosecutrix. During investigation, respondent No. 2-Jasbiri Devi and one Ramesh Kumar residents of Karnal were named for selling the prosecutrix to respondent No. 1-Parveen. Consequently, raid was conducted at the house of respondent No. 1. The prosecutrix was recovered from the road near the house of respondent No. 1. In her statement, she alleged that respondent No. 2 had sold her to respondent No. 1 and he had committed rape upon her. Resultantly, Sections 366-A, 368, 372, 373 and 376 IPC were added. Respondent No. 1 was arrested. Statement of the prosecutrix under Section 164 Cr.P.C. was got recorded before the learned Magistrate, Karnal. Eight persons, named in the FIR were found innocent during investigation. Co-accused Ramesh and respondent No. 2-Jasbiri Devi could not be arrested. Hence, after completion of investigation, final report under Section 173 (2) Cr.P.C. was presented against respondent No. 1 only before the learned Area Magistrate. On arrest of respondent No. 2, supplementary challan was also presented against her.
(3.) On commitment of the case to the Court of Session, by the learned Area Magistrate, respondents No. 1 and 2 were tried for charges under Sections 363/366-A/372/373 & 376 IPC.;