JUDGMENT :

SANJAY DHAR, J.

1. The appellant-State has challenged the impugned judgment of acquittal dated 15.02.2021 passed by learned Principal Sessions Judge, Budgam, whereby the respondents have been acquitted of the charges for offences under Section 363, 376, 342, and 109 RPC arising out of FIR No. 230/2007 registered with Police Station, Budgam.

2. Briefly stated, case of the prosecution is that PW-1, the complainant who happens to be the father of the prosecutrix, lodged a report with Police Station, Budgam, alleging therein that on 09.06.2007, the prosecutrix had gone out for undertaking some farming work but she did not return to her home. It was also reported by the complainant that he had come to know that his daughter has been kidnapped by respondent/accused No. 1-Shabir Ahmad Dar. It was also reported that the prosecutrix is a minor girl aged about 13 years. On the basis of this report, the police registered FIR No. 230/2007 for offences under Section 363 RPC and started investigation of the case. During investigation of the case, the prosecutrix was recovered from the custody of respondent No. 1 from a place near Cooperative Colony, Peer Bagh, Srinagar. The statement of