STATE OF MADHYA PRADESH Vs. ANOOP SINGH

JUDGEMENT

(1.) The present Criminal Appeal has been preferred against the judgment and order dated 10.07.2008 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.924 of 2006, whereby the High Court set aside the judgment of conviction and order of sentence passed by the learned Trial Court and acquitted the accused from all the charges levelled against him.

(2.) The facts of the present matter are that on 03.01.2003, at about 10:30 A.M. the prosecutrix was going to school along with her sister. On realizing that she had left behind her practical note book, she returned back and after taking the said note book she once again headed towards the school. When she reached near Tar Badi (wire fencing) near Hawai Patti, there was an Ambassador car standing there and as alleged, the accused respondent came out of the car, pulled the prosecutrix inside the car and forced her to smell something, as a result of which the prosecutrix became unconscious. As alleged by the prosecution, the prosecutrix was taken to some unknown place thereafter.

(3.) On regaining consciousness, the prosecutrix felt pain in her private parts. On the same day, she was admitted in the District Hospital, Satna in an unconscious condition and information about the incident was given to Laxmikant Sharma (P.W.8), the uncle of the prosecutrix. On 10.01.2003, the prosecutrix was discharged from the Hospital and sent back to her home where she narrated the incident and thereafter an F.I.R was lodged. During the course of investigation, the prosecutrix was sent for medical examination and her clothes were seized and slides were prepared. After receipt of the medical report, F.I.R was registered and site map of the spot was prepared. The Investigating Officer seized various articles which included the prosecutrix's birth certificate and certificate of the Middle School Examination, 2001. Along with that the relevant page (page No. 20) of the register of the U.S.A Hotel was also seized. After due investigation a charge-sheet was filed against the respondent for offences under Sections 363, 366 and 376 of the Indian Penal Code, 1860 ("I.P.C.") and the statements of the prosecution witnesses were recorded.