STATE OF CHHATTISGARH Vs. AKASH NIRMALKAR

JUDGEMENT

(1.) This acquittal appeal filed by the appellant/State arises out of the judgment dtd. 9/8/2017 passed by the Additional Sessions Judge, (FTC) Janjgir, District Janjgir-Champa, C.G. in Sessions Case No.69/2016, whereby the learned trial Court acquitted the accused/respondent of the charge under Sec. 376 of Indian Penal Code (for short, 'IPC') on the basis of benefit of doubt.

(2.) Case of the prosecution, in brief, is that on 27/2/2016, prosecutrix (PW-2), aged about 28 years, lodged a written report (Ex.P-2) at Police Station Mulmula alleging that at about 5:00 PM, while she was present in her house at village Nariyara and was suffering from pain in both legs, the accused/respondent was called to perform exorcism. It was alleged that after performing certain ritual acts, the accused asked the children and other family members to go outside and thereafter forcibly committed sexual intercourse with her against her will. It was further alleged that when she raised an alarm, PW-9 Santoshi entered the room, upon which the accused/respondent fled away. On the basis of the written report (Ex.P-2), FIR (Ex.P-3) was registered against the accused/respondent.

(3.) During the course of investigation, after obtaining the consent of the prosecutrix, she was sent for medical examination, whereupon PW-6 R.D. examined her and gave MLC report vide Ex.P-10. Vide Ex.P-8, vaginal slides of prosecutrix were seized. Vide Ex.P-9, undergarment of accused/respondent was seized. Seized articles were sent to FSL for chemical examination and as per FSL report (Ex.P-14), no seminal stains or human spermatozoa were found on the seized articles.