The prosecution must establish guilt beyond reasonable doubt; failure to do so entitles the accused to acquittal.

JUDGMENT :

Sumeet Goel, J.

Present appeal is directed against the judgement dated 02.06.2015 passed by the learned Additional Sessions Judge-I, Fatehabad, whereby respondent No.2 (herein) was acquitted from the charges under Sections 363 and 366-A of the IPC by granting him the benefit of doubt.

2. In the present appeal, the pertinent facts for adjudication are that the FIR No.416, dated 21.08.2013, was lodged against the accused-respondent No.2, namely Balwinder Singh @ Bindu S/o Kripal Singh, resident of Village Bighar, Tehsil and District Fatehabad, under Sections 363 and 366-A of the Indian Penal Code (for brevity the ‘IPC’) at Police Station Sardar Fatehabad. The matter proceeded to trial before the Court of learned Additional Sessions Judge-I, Fatehabad, which concluded its proceedings and, vide judgement dated 02.06.2015, acquitted the accused (respondent No.2 herein) of all the charges. The Court below held that the evidence brought on record by the prosecution does not meet the necessary standards laid down under Sections 363 & 366 of the IPC. Given the insufficiency of credible evidence, there is significant doubt regarding the involvement of the accused in the alleged offence & hence he ought to be acquitted by giving him the benefits of doubt.

3. The appellant, aggrieved by the findings of the Court below, has now invoked the appellate jurisdiction of this Court, seeking re-examination of the findings as the same are based on alleged mis-appreciation of evidence and procedural irregularities. However, it is well-settled law that the scope in appeal is limited and does not entail a re-appreciation of evidence unless there is manifest illegality or a serious miscarriage of justice.

4. In brief, the case of prosecution, as detailed in the FIR, is that on 21.08.2013, ASI Balbir, alongwith his official team, was returning from village Dharnia and at Bighar bus stand, Avtar Singh (complainant), approached him and submitted a complaint regarding the kidnapping of his minor daughter. The complainant reported that his daughter (victim), aged 16 and a student of 10+2 in the village school had been missing from home since the nights of August 20/21, 2013. Balwinder Singh (respondent No.2 herein), also known as Bindu, son of Kripal Singh and resident of village Bighar was likewise missing. The complainant suspected that Balwinder Singh had enticed his daughter away and thus requested for legal action. Investigation ensued and statements of witnesses under Section 161 of Cr.P.C, 1973 were recorded. On 23.08.2013, the victim was recovered from the possession of Balwinder Singh (respondent No.2 herein) and her statement was recorded under Section 164 of Cr.P.C. and was sent to Nari Niketan, Karnal. On completion of necessary formalities, report under Section 173 of the Cr.P.C., 1973 was submitted before the Court of competent jurisdiction.

5. Learned counsel for the appellant has iterated that the Court below has erred in acquitting the accused-respondent No.2 and the impugned order is contrary to the law, facts and evidence on record. Learned counsel has further iterated that the Court below has erroneously relied upon the statements of the defence witnesses which do not inspire confidence and credibility while acquitting the accused. It has been further argued that the Court below ought to have considered the aggravating as well as mitigating circumstance yet the Court below has failed to properly appreciate them and acquitted the accused on flimsy grounds. According to the learned counsel, victim was minor at the time of the alleged incident and there was sufficient evidence on record which proved the fact that the victim was kidnapped and forced to illicit intercourse. It has been further argued that the statement of victim was consistent and credible, yet the Court below has failed to properly appreciate it and acquitted the accused on flimsy grounds Learned counsel asserts that the Court below has dealt the matter in superficial