O R D E R

% 28.07.2014 Crl.M.A.No.8297/2014 (Exemption) Allowed, subject to all just exceptions.

CRL.L.P. 353/2014

1. By the present petition the State seeks leave to appeal against the impugned judgment dated February 13, 2014 whereby the respondent though convicted of charge under Section 354 IPC has been acquitted of the charge for offences punishable under Sections 376/506 IPC.

2. The State assails the judgment on the ground that even if the Prosecutrix in her statement in Court has not stated about the offence of rape being committed however, in the statement under Section 164 Cr.P.C. she has clearly alleged about the offence of rape.

3. We are not able to subscribe to the contention of learned counsel for the State as a statement of a witness under Section 164 Cr.P.C. is only a previous statement and does not assume the character of substantive evidence. No conviction can be based on the statement recorded under Section 164 Cr.P.C.

4. The FIR in the present case was registered on the allegation that the respondent committed rape of his own daughter ‘A’ then aged about 13 years and threatened to kill her with knife and throw her in the park. The mother of the victim was not residin