STATE OF CHHATTISGARH Vs. NAGENDRA KUMAR MISHRA

JUDGEMENT

(1.) Heard on admission.

(2.) The present acquittal appeal has been filed by the State against the judgment dtd. 27/9/2018 passed in Special Sessions (Atrocities) Case No. 16/2017 by the learned Special Judge (Atrocities), Surguja (Ambikapur) (C.G.), whereby the learned trial Court acquitted the accused/respondent herein from the charges punishable under Ss. 450, 366, 342, 376 (2) (n) of the Indian Penal Code and Sec. 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Ms. Madhunisha Singh, learned Dy. A.G. for the State/Appellant submits that even though there is emphatic and uncontroverted evidence of the Prosecutrix (PW/1), the learned trial Court wrongly acquitted the accused/respondent herein. She further submits that the Prosecutrix (PW/1) has categorically stated about the incident but the learned trial Court by ignoring the material piece of evidence much particular the medical evidence and by disbelieving the evidence of Prosecutrix (PW/1), acquitted the accused/respondent herein. She also submits that the learned trial Court committed grave error in discarding the entire case of the prosecution merely on the minor contradictions in the statements of prosecution witnesses. As such, the instant acquittal appeal deserves to be admitted.