JUDGMENT :-

Chandramauli Kr. Prasad, J.

State of Rajasthan, aggrieved by the order of the High Court refusing to grant leave against the judgment of acquittal, is before us with the leave of the Court.

Prosecution started on the basis of a first information report lodged by PW-4, Prem Singh, inter alia alleging that on 20th of April, 2005 his daughter Kirti Chauhan, aged about 16 years left the house and her whereabouts are not known. The informant suspected that his elder daughter Jitendra had allured her. He further disclosed that Jitendra had solemnized inter-caste marriage with Babu Meena, the accused herein and was staying in Udaipur, Rajasthan. Accordingly, informant prayed that search be made to recover his daughter. On the basis of the aforesaid information, a case under Section 363 and 366 of the Indian Penal Code was registered. During the course of investigation, the statements of informant Prem Singh, his wife Pushpa (PW-5) and their daughter Kirti Chauhan (PW-3) were recorded. During the course of investigation, it surfaced that Kirti Chauhan received a telephone call from her sister Jitendra and her husband, the accused herein, who enquired about her marriage. Kirti repl