SHARDA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) MST . Sharda Bai has filed this revision against the acquittal of non -applicant No.2 in a case u/s. 376 of the I.P.C.

(2.) PROSECUTION case, in brief, is that according to the petitioner the rape was committed with her on 6.8.86 at about 1 P.M. in a field situated at a distance of a kilometer from the village Mudol, District Guna. The F.I.R. was lodged by the prosecutrix along -with her husband Vishnu on 8.8.86. Thus, the FIR was lodged after two days of the alleged incident. The non -petitioner No.2 was tried for an offence u/s. 376 of the I.P.C. The Sessions Judge found the offence not proved beyond reasonable doubt and consequently, recorded a finding of acquittal.

(3.) NO evidence of rape was found. The learned Sessions Judge has held that the prosecutrix herself appears to be a consenting party. She did not resist the rape being committed on her. There were no bruise or other such marks on her body to show that she resisted the offence being committed. Clothes of the prosecutrix were sent for chemical examinations. The Chemical Examiner's report confirms the presence of Seminal Stains and Human Spermatozoa on article - B. This does not mean that the lady was not a consenting party.