PROSECUTRIX Vs. STATE OF M.P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 372 of the CrPC against the judgment dated 26/11/2019 for enhancement of punishment awarded by Tenth Additional Sessions Judge, Gwalior in Sessions Trial No.6400311/2016 whereby the trial Court acquitted the respondent/accused No. 3 Nawi Ali from all the charges and punished respondent/accused No. 2 Yusuf Ali for the offence punishable under Section 323 of the IPC only.

(2.) The facts in short are that the appellant/prosecutrix is the wife of respondent/accused No. 2 and respondent/accused No. 3 is the real brother of respondent No. 2. The marriage of the prosecutrix was solemnized with respondent/accused No. 2 on 26/6/2014. The prosecutrix filed a complaint alleging that on 25/6/2016 when she was sleeping at home, respondent/accused No. 3 entered into her room, removed her clothes and committed rape upon her forcefully and flew away from the spot. She informed her husband about the incident who did nothing against respondent No. 3. On this complaint, FIR was lodged, investigation was done and charge-sheet was filed. The trial Court after due appreciation of evidence on record acquitted respondent/accused No. 3 and convicted respondent/accused No. 2 for the offence under Section 323 of the IPC and sentenced him till rising of the Court with fine of Rs.1,000/- with default stipulation.

(3.) Learned counsel for the appellant has submitted that the impugned judgment passed by the trial Court is unsustainable in the eye of law. Specific evidence was produced by the complainant and the prosecution witnesses. The prosecution story is also supported by the medical evidence as well as the oral evidence of the prosecutrix. Despite that, the trial Court has not punished respondent No. 3. Hence, prayed to allow this criminal appeal.