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2021 Supreme(All) 949

KAUSHAL JAYENDRA THAKER, AJAI TYAGI
State of U. P. – Appellant
Versus
Rajesh Bind – Respondent


JUDGMENT :

1. Heard learned AGA for the State and perused the record.

2. This appeal, at the behest of the State, has been preferred against the judgment and order dated 13.09.2019, passed by the Additional Sessions Judge/F.T.C., Jaunpur, acquitting accused-respondent, who has been tried for commission of offence under Sections 363, 368, 376 and 120-B I.P.C.

3. The brief facts of the case of the prosecution, as set out before the trial Court, are that a complaint being Police Case No.352 of 2011 for commission of offence under Sections 363, 368, 376 and 120-B I.P.C. was sent for investigation under Section 156 (3) Cr.P.C., wherein allegations were that the prosecutrix was married in June 2011 in Jaunpur, she was aged about 16 years and when she had gone to the school, the accused along with his friends took her in the Bolero Car and when the girl did not come back to her home, father of the prosecutrix after searched out her daughter in all places, he complaint the report at the police station and conveyed that she had gone with Rajesh Bindu. On the basis of F.I.R. dated 2.11.2011, the prosecutrix recorded the statement under Section 161 and then coming to the conclusion that prima fa

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