The importance of establishing the victim's age and the need for the victim's testimony to be trustworthy and unblemished in sexual offense cases.

SANGITA DHINGRA SEHGAL, J.

1. The present leave to appeal has been preferred by the State under Section 378(3) of Code of Criminal Procedure against the impugned judgment dated 17.01.2015 whereby the accused persons were acquitted for the offences under Sections 363 / 366/376/120B of the Indian Penal Code.

2. The brief facts of the case, as stated by the prosecution are as under:

“The victim P aged about 15 years left her house for school at about 7 am, on 31.08.2010.However, she did not return back till late evening. Her family made efforts to search for her, but when there was no clue about the victim, the matter was reported to the police vide DD no. 57-B i.e Ex.PW-22/A, which was assigned to SI Mohd. Imtiaz for inquiry. SI Mohd. Imtiaz made efforts to contact complainant Satbir, but he was not found available. At about2.35 am, on 1.09.2010, complainant Satbir went to the police station himself and made complaint about missing of victim P. he expressed his suspicion on accused Ramesh for having enticed and kidnapped his daughter and prayed that necessary action be taken against him. SI Mohd. Imtiaz got registered a case u/s 363 IPC on the basis of the complaint made by Sh. Satbir and when further investigations of the case was assigned to him, pursuant to registration of the FIR, he commenced searched for the victim P as well as accused Ramesh. During the course of investigations, IO SI Imtiaz came to know that accused Ramesh and his jija Dharmender had taken the victim to their village at bulandshahar, UP. The IO conveyed this information to the complainant Satbir and after obtaining necessary permission, went to Bulandshahar, UP along with complainant Satbir and his own staff comprising of Ct. Vinod, Ct. Birisingh and Lady Ct. meenakshi and recovered the victim as well as accused Ramesh from jhuggie of accused Dharmender. On inquiry, victim p told the IO that on 31.08.2010, when she left her house for school, accused Ramesh @ Ravi met her on the way and started talking to her, due to which, she got late for school and was not permitted to enter inside the gate of the school by the guard. Thereafter, accused Ramesh 2 Ravi, took the victim R to the house of his sister, where his jija Dharmender as well as accused Ramesh @ Ravi, scared the victim and prevented her from going home by telling her that in case, she returned back to her home, she would be scolded by her family member. They instead took her to their village and after reaching there, victim came to know that she had been taken to the house of accused Dharmender in village. The victim r further stated that accused Dharmender left her and accused Ramesh at the said house and went away from there after taking some money from accused Ramesh and thereafter, accused Ramesh committed rape upon her. At night, when victim and accused Ramesh were about to leave the village, they were stopped by villagers from leaving the village and thereafter, the police officials from Delhi came and recovered the victim and saved her from the clutches of accused Ramesh @ Ravi.

The IO brought the victim P as well as accused Ramesh to Delhi on the night of 01/02.09.2010 and sent them for medical examination and also seized the exhibits taken from them by the concerned doctor. On 02.09.2010, the IO produced the victim before ld. M.M and got her statement recorded u/s 164 Cr.P.C and on the basis of the said statement, added Section 366 and 376 IPC in the case. Further investigations of the case were thereafter, assigned to ASI Nirmala, who got the exhibits of the case sent to FSL Rohini. She also arrested the accused Dharmender, jija of the accused Ramesh on 01.10.2010. During the course of investigations, IO also made inquiry from the villagers, where accused Ramesh had taken the victim P, and was told by them that they had stopped accused Ramesh and victim p from leaving the village apprehending that some untoward incidents may occur with them due to late night hours. However, they ha