PRITI PUNA RAM PRAJAPATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This acquittal appeal is directed against the judgment dated 2-8- 2011 rendered by the Sessions Judge, Bilasur.(for short, "the trial Court") Sessions Division Bilaspur (CG) in Session Trial No. 150 of 2009 wherein the trial Court acquitted the respondent No.2 from the charges under Sections 376 and 506 of IPC.

(2.) As per prosecution case, respondent No. 2 is maternal uncle of prosecutrix (PW/1). Prosecutrix is a student girl aged about 18 years. In the Hindi month of Kartik, at about 9.00 p.m., respondent called prosecutrix for providing books, threatened her and took away her into his room and then closed the door, removed her clothes and thereafter committed rape on her. In the morning at about 3.00 a.m., respondent No.2 left the prosecutrix near her house. After reaching the house, prosecutrix narrated about the incident to her younger sister who narrated the same to her mother. Next day of the incident respondent No.2 took the victim to Raipur where both of them resided for three months. During the aforesaid period respondent No.2 made false assurance to marry her and developed physical relation with her. On 11-4-2009, respondent No.2 left the victim at Raipur and performed his marriage with another girl and threatened the victim to kill.

(3.) The matter was reported at Police Station, Women Cell, Bilasur. After registration of first information report, Police swung into action and started investigation. Both parties were medically examined. Certain articles were seized and sent for chemical examination. After completion of investigation, charge sheet was filed against the respondent No.2. The respondent No.2 pleaded innocence and thereafter the trial was conducted. After examination of the witnesses, statement of the respondent No.2 was recorded under Section 313 of the Code. After hearing the parties, the trial Court acquitted the respondent No.2 as aforementioned.