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Judgment
The instant appeal has been preferred by the appellant
complainant under Section 372(2) Cr.P.C. seeking to challenge the
judgment dated 12.8.2015 passed by learned Addl. Sessions
Judge No.3, Chittorgarh in Sessions Case No. 39/2014 whereby
the accused respondent Mohd. Raja @ Raju was acquitted from
the charges under Section 363, 366 and 376 IPC.
The appeal is delayed by 17 days.
I have heard the arguments advanced by the learned
counsel for the appellant on the question of delay as well as on
merits.
Learned trial court, while acquitting the respondent recorded
positive findings at paras no. 46, 47 and 48 of the impugned
judgment to the effect that the prosecutrix Mst. ''S'' was major
married girl. The appellant himself stated in his testimony that his
daughter was 18 years of age. He further stated that the
prosecutrix eloped with the respondent accused owing to which
her marriage broke down. The prosecutrix, in her testimony
admitted she was repeatedly taken away by the accused owing to
which her matrimonial relations went sour. She admitted going
with the respondent to various thickly populated areas including
the houses of her own relatives without making any protest
whatsoever. The F.I.R. of the alleged elopement dated 9.10.2012
came to be lodged after about 25 days.
In this background, I am of the opinion that the finding of
consensual relations between two major persons recorded by the
trial court in the impugned judgment for acquitting respondent
from the charges is perfectly just and proper. The judgment under
challenge does not call for any interference.
Consequently, the instant victim appeal preferred u/s. 372
Cr.P.C . is hereby rejected as being devoid of merit.