STATE OF MADHYA PRADESH Vs. AKHTAR RAIN

JUDGEMENT

(1.) The present appeal has been filed by the State against the judgment of acquittal dated 10/02/2020 passed by Special Judge (SC & ST, Prevention of Atrocities Act, 1989) Guna (MP) in Special Sessions Trial No.115/2015, by which respondent has been acquitted of charges framed by trial Court under Sections 366, 376(2)(dha) of IPC and under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [in short '' SC & ST Act''].

(2.) Prosecution case, in brief, is that on 17/06/2015, father of prosecutrix Dhanalal Balmiki lodged a report at Police Outpost Madhusudangarh, Jamner, District Guna alleging that his daughter (prosecutrix), aged about 20 years is missing. On his complaint, missing report (Gum Inshan Report) No.08/2015 was registered and matter was enquired. During enquiry, statements of Dhanalal Balmiki (father of the prosecutrix), Govind Balmiki (brother of prosecutrix) and Guddi Bai Balmiki (mother of the prosecutrix) were recorded. In their statements, they narrated that the prosecutrix studied for three years by staying in her sister-in-law's house at Binaganj. On enquiry, it was found that accused Akhtar Rain, on the false pretext to marry the prosecutrix, had taken the prosecutrix from the date of incident, that is why, they had a doubt that accused Akhtar Rain and the prosecutrix ran away to get married. On the basis of Gum inshan enquiry report, Crime No.83/2015 for offence under Section 366 of IPC was registered against him and the matter was investigated. During investigation, after recovery of prosecutrix and recording her statement, Section 376 of IPC and Section 3(2)(v) of SC & SC Act were added. After completion of investigation, charge sheet was filed, on the basis of which charges were framed against the accused, who denied the charges, therefore, he was put to trial. The prosecution, in order to prove its case examined as many as 13 witnesses while accused, in his defence, has not examined anybody.

(3.) The Trial Court, after appreciation of evidence available on record, by passing the impugned judgment, acquitted accused Akhtar Rain of aforesaid charges, as stated above.