STATE OF M.P Vs. MUNNA @ SHAMBHOO NATH

JUDGEMENT

(1.) This appeal, by special leave, is directed against the judgment and order dated 14th August, 2008 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.776 of 1994, whereby the High Court allowed the criminal appeal filed by the respondent herein and acquitted him.

(2.) The brief facts necessary to dispose of this appeal are that the family of the prosecutrix (PW5) was the tenant of the father of the accused. As per the prosecution story, on 5th May, 1991, the prosecutrix, aged about 13 years, was sleeping in the night with her mother in the corridor of her house. At about 4:30 am, the respondent-accused entered into the house of the prosecutrix, took her to the adjoining room at the point of knife, bolted the door and committed rape on her. After committing the offence the accused and the prosecutrix remained in that room. Thereafter, the mother and sister of the prosecutrix came to that room in search of the prosecutrix and when the door was opened, the accused-respondent fled away.

(3.) The prosecutrix lodged the FIR at Garha Police Station after which the Investigating Officer sent the prosecutrix for medical examination wherein the report was handed over by Dr. Nisha Sahu. The Investigating Officer received the date of birth of the prosecutrix. The respondent-accused was arrested on 6th May, 1991. The Ossification Test of the prosecutrix was conducted and the report was proved in the present case.