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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.