JUDGMENT

Prathiba M. Singh J.,

1. This hearing has been done through hybrid mode.

2. The present appeal has been filed under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) challenging the acquittal of the Respondent- Sonu @ Parminder i.e., the Accused vide order and judgment dated 9^th January, 2013 (hereinafter, ‘impugned judgment’) passed by the Additional Sessions Judge, (Special Fast Track Court)-01, West, Tis Hazari Courts, Delhi.

3. This appeal arises out ofFIR No.255/2010 dated 9^th December, 2010 registered at Police Station-Nihal Vihar under Sections 363 /376 of the Indian Penal Code, 1860 (hereinafter, ‘ IPC ’), which was registered and dealt with as Sessions Case No.1/2013. The Respondent- Mr. Sonu @ Parminder i.e., the Accused, was charge-sheeted by Police Station- Nihal Vihar under /376 of the .

4. The allegation in the present case was that around 05:00 A.M. on 5^th December, 2010, near RZF-80, Nihal Vihar, Delhi, the Accused had kidnapped the Prosecutrix from the guardianship of her parents and had committed rape upon her. The incidents are stated to have occurred at two places i.e., Jammu and Amritsar between January to March, 2011. The char