IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.726 of 2011 Bakridan Khatoon , wife of Molbi Mian, Resident of Village-Jagdishpur, P.S. Maharajganj, District-Siwan. Versus 1. The State Of Bihar. 2. Munna Yadav, son of Sheolal Yadav, Resident of Village-jagdishpur, P.S. Maharajganj, District-Siwan. ----------- 02. 29.07.2011 The appeal is against the acquittal and is based by limitation by about two weeks. Delay in filing the appeal is condoned. There is only one person who was charged under Sections 363, 377A, 376 of the Indian Penal Code. The informant who is the grand mother of the victim girl is the appellant before this Court. As per the F.I.R., it is alleged that when the victim girl, who was minor, was sleeping with her grand mother, in the morning, she noticed that her grand daughter was absent from her bed. She made querries and it later revealed that the accused Munna Yadav was also missing. After several weeks, the girl is recovered. Her statement is recorded under section 164 Cr.P.C. She was medically examined. Let it be recorded the she was recovered along with accused. The trial court has acquitted the accused holding that the whole story has been built up by the prosecution, whereas the truth is that the girl has gone with her own will. In other words, she had eloped. From the evidence of the girl, it is clear that the accused Munna Yadav and his father dragged her out of the house. This itself demolishes the prosecution case because the grand mother in her F.I.R. stated that in the morning she was found missing from the bed side of the 2 grand mother. The girl in her deposition says that she was taken from Siwan Railway Station to Delhi. She stayed there for 12 days. She was raped. She does not explain how she made no attempt to run away or cause alarm at any point of time either in train or traveling or staying. She exaggerated in her deposition that she was raped at Delhi by the accused and his father, whereas father has not been charge-sheeted. It is highly unbelievable that a son and father would take a girl and all over the country, rape her and then r return her. In fact even this part is curious because as per deposition of the girl she found police man at Delhi but then he did not produce the couple either at Delhi or at Dehradun and they remained with the police for almost a week at Siwan belies the story of kidnapping and raping. The trial court rightly held that there are material contradictions in the statement of the prosecutrix herself. We have no reason to take a different view of the matter. This appeal is dismissed. Devendra/ ( Navaniti Prasad Singh, J.) ( Ashawani Kumar Singh, J)