STATE OF CHHATTISGARH Vs. VIJAY KUMAR

JUDGEMENT

(1.) This acquittal appeal has been preferred by the appellant/State against the judgment dtd. 25/11/2011 passed by the learned First Additional Sessions Judge, Durg, District Durg, (C.G.) in Sessions Trial No.53 of 2010 whereby respondent No.1 Vijay Kumar has been acquitted of the charge punishable under Sec. 376 of the Indian Penal Code, 1860 (in short 'IPC') and respondent No.2 Sundarlal has been acquitted of the charge punishable under Sec. 376/107 of the IPC.

(2.) Brief facts for disposal of this appeal, are that, prosecutrix, who was daughter of Somnath (PW-2), aged about 17 years, was a resident of village Raveli. On 10/2/2010, at about 8:00 PM, she went from her old house to new house. When she reached near canal drain, accused Vijay Kumar and Sundarlal were met with her. Accused Sundarlal asked the prosecutrix for taking with Vijay and when she refused, accused Vijay caught hold the hand of prosecutrix, forcibly dragged her to Bhatha and raped her. After the incident, prosecutrix went to her home and told her grandmother Paragobai and stepmother Hunita Bai (PW-5) about the incident. When prosecutrix's father Somnath (PW-2), who had gone to Nagpur, came to his house, prosecutrix narrated the incident to him and lodged the complaint vide Ex.P/1, on the basis of which, First Information Report (Ex.P/2) was registered bearing Crime No.26 of 2010 at Police Station Patan for the offence punishable under Ss. 363, 366, 376 (2)(g) of the IPC. An action was taken to obtain medical and chemical opinion by confiscating the personal clothes and underwear of prosecutrix as well as accused persons, respectively vide Exs.P/4, P/7 and P/8. Spot map (Ex.P/10) was prepared and school admission register of prosecutrix [Ex.P/17(c)] regarding her age was seized. The accused were arrested on 15/02/2010. The statements of Paragobai, Hunita Bai (PW-5) and Ramesh (PW-4) were recorded and after completion of investigation, charge-sheet was filed against the accused persons.

(3.) After appreciating the oral as well as documentary evidence on record, learned trial Court found that prosecution has failed to prove its case beyond reasonable doubt and by the impugned judgment dtd. 25/11/2011, acquitted the accused/respondents for the aforesaid charges. Hence, this appeal has been filed by the State.