- (1.) Respondents had faced trial in FIR No. 79/2009, Police Station Kardhani, Jaipur City (South), Jaipur for offence under Section 363 and 376 Indian Penal Code, 1860. Trial Court vide order dated 13.04.2010 ordered the acquittal of respondent. Hence, the present appeal by the State.
(2.) Prosecution story in brief is that complainant reported to the police that on 12.3.2009 his wife and children were at home. Respondent took the prosecutrix with him on the enticement that he would give a Chocolate to her. Complainant and his wife looked for the prosecutrix but she could not be found. At about 10.30 p.m., respondent left the prosecutrix at the door of their room. Complainant and his wife asked the respondent as to where he had taken the prosecutrix, but he fled away. They noticed that their daughter had fallen near the gate and she was bleeding from her private part. Hands and feet of the prosecutrix were also bloodstained. Respondent had raped the prosecutrix. Prosecutrix was got medically examined.
(3.) After completion of investigation and necessary formalities, challan was presented against the respondent.;