STATE OF MADHYA PRADESH Vs. RAKESH KUMAR

JUDGEMENT

(1.) Heard on admission. This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure ("Code" for short) against acquittal of all the respondents of the offences under Sections 376(2)(g) and 506B of the Indian Penal Code (for short "the IPC"), as well as acquittal of respondent nos. 1 and 3 of the offence under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") and acquittal of respondent no. 1 of the offences under Sections 494 and 323 of the IPC. The impugned judgment dated 22/2/2012 was passed by Special Judge (under the Act) at Mandla in Special Sessions Trial No. 20/2011.

(2.) As per the prosecution story, concealing the fact that he was already married and making the prosecutrix believe that she was lawfully married to him, respondent no. 1 Rakesh persistently subjected her to sexual intercourse and impregnated her. Besides this, his friends viz. respondent nos. 2 and 3 also subjected her to rape at his instance only. Not only this, he also assaulted the prosecutrix causing injuries on her left wrist.

(3.) Learned Government Advocate, while making reference to the evidence on record, submitted that the trial Court has erred in appreciating the evidence and the judgment of acquittal deserves to be interfered with.