STATE OF CHHATTISGARH Vs. KAMLESH HARIJAN

JUDGEMENT

(1.) Heard on admission.

(2.) The present acquittal appeal has been filed by the State against the judgment dtd. 5/9/2020 passed in Sessions Case No. 05/2019 by the learned Additional Sessions Judge, Pendraroad, District Bilaspur (C.G.), whereby the learned trial Court acquitted the accused/respondent herein from the charge punishable under Sec. 376 of the Indian Penal Code.

(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 and her husband PW/2 also reached the spot and saw the accused/respondent herein but the learned trial Court by ignoring the material piece of evidence and by disbelieving the evidence of Prosecutrix (PW/1), acquitted the accused/respondent herein on assumption of facts that there is animosity between the parties. 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.