Sangeet Lodha, J. - (1.) HEARD learned Public Prosecutor and perused the record.
(2.) THIS leave to appeal u/s. 378 Cr.P.C. has been filed by the State, aggrieved by the judgment and order dated 29.11.14 passed by the Additional Sessions Judge (Women Atrocities Cases), Bhilwara, in Sessions Case No. 54/2010, acquitting the accused -respondent of the charges for the offences under Sections 363, 365 and 376 IPC. The brief facts of the case are that the complainant filed a complaint before the Judicial Magistrate, Asind, on 15.12.09, stating that on 1.11.09, her daughter, who is 15 years and 6 months of age, had gone to her maternal home at Jagpura to attend a marriage. On 11.11.09, she had gone to forest for grazing the cattle's but did not return. It was stated that on search being made, it was revealed that accused -Hagami Lal Sen and Smt. Gita Devi hatched a criminal conspiracy and kidnapped his daughter, who is in their custody. It was stated that they are threatening of dire consequences in case any proceeding is taken against them. According to the complainant, a report was lodged by him at Police Station, Badnor, however, no proceedings were taken by the police and therefore, an application was also submitted before the Sub Divisional Magistrate, Gulabpura under Section 97 and 98 Cr.P.C.
(3.) THE complaint was sent by the learned Judicial Magistrate to the SHO, Police Station, Asind for investigation, whereupon, an FIR being No. 21/10 was registered against the accused persons Hagami Lal and Gita Devi for offences under Sections 363,365 and 344 IPC and the investigation commenced. During the course of investigation, the prosecutrix was recovered and produced before the Sub Divisional Magistrate, Gulabpura. The statement of the prosecutrix was recorded and her custody was handed over to her mother on 30.12.09.;