Malik Sharief-Ud-din, J.

( 1 ) THE respondent was prosecuted for an offence under Section 364 cf the Indian Penal Code (I. P. C.) for having abducted Bimla Devi, his wife from village Kadipur Delhi with the intention to murder her. The learned Additional Sessions Judge. Delhi, by his order dated 4th October, 1980 acquitted him. as according to him there was no satisfactory evidence to connect the accused with the crime.

( 2 ). It is ainst this order of acquittal that this appeal has been preferred by the State (Delhi Administration)

( 3 ). Now briefly stated the facts are that Bimla was married to accused on 22nd June, 1973. The accused was working in Indian Army as sepoy. Bimla was not pulliing on well with her in-laws though there is no indication in the prosecution case that her relations with the respondent were also strai ned. On the other band it is clear that she had no grievance against the respondent On 15th March, 1976, Bimla bad run away from her in-laws house and lodged a report with Police Station Bahadurgarh in which she complaint that she was beaten by her in-laws and here life was in danger. On 30th June, 1976, the respondent, who was on leave from the Army came to the village Kadipur Delhi, to take his wife Bimla alogwith him. lt is stated that the respondent had taken leave from the Army and during those days Bimla was living with her parents. On 30th June, 1976, when he come to the parents house of Bimla he rook away Bimla with him. Thereafter, the brother of Bimla received letter Ex. Public Witness -2/a to P. W.-2/d written on various dates from the respondent. Teese letters are admitted to be in the hand-writng of the respondent. Two months thereafter the parents af Bimla received information from Village Chara where the respondent was residing to the effect that Bimla was dead. The parents went to village Chara where they were hand over a letter Ex. P. W. 2/f written by the accused regarding the death of Bimla. Thereafter, on 6th September, 1976, Prempal Singh went to Pathankot where the respondent was posted and there the respondent is said to have made an extrajudicial confession before P. W. 5, Major B- S. Bajwa which is marked as Ex P. W.-5/a in which he is stated to have confessed that while he was travelling with Bimla in a train, be made her drunk and give her some sleeping pills and when she became almost unconscious he pushed her out of the running, train in between Ludhiana and Jalandhar. We may note that the report in this case was lodged on 3-4-1977, that is almost after seven months of the alleged incident.

( 4 ). The entire prosecution case rests on the extra judicial confession alleged to have been made by the respondent before P. W. 5, Mjr, Bajwa and also letters Ex. P. W.-2/a to Public Witness -2/f admittedly written by the accused. The Trial Court after carefully considering the evidence dismissed the case and acquitted the accused on the ground that there was delay in the loging of F. I R. It was also felt that no case under Section 3641p. C. is made out as the evidence does not indicate that Bimla was abducted with intent to murder The Trial Court further felt that extra judicial confession alleged to have been made before P. W.-5 Mjr. Baywa is not trust worthy and reliable. This was so particularly in view of the statement of Public Witness -2 Prempal Singh brother of Bimla, who had stated that in his presence the respondent, when asked by Mjr. Balwa, had made an exculpatory statement in which he had stated that Bimla had escaped from railway station Jalandhar after taking away Rs. 500. 00 from his pocket. The trial Court also felt that the letters Ex-P. W.-2/a to Public Witness -2/p which were admittedly in the hand-writing of the respondent could not be acted upon in view of the satisfactory explanation of the respondent that he had only written these letters with a view to ensure that his parents are not harassed. The Trial Court also felt that since the relations between the respon

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