NEELU SINGH PATEL Vs. DINESH PRASAD

JUDGEMENT

(1.) Heard on admission. This appeal has been preferred under Section 372 of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment passed by II Additional Sessions Judge (Fast Track Court) Maihar, District Satna on 31/8/2010 in Sessions Trial No. 33/2010, whereby respondent nos. 1 and 2 have been acquitted of the offences punishable under Sections 342 and 376(2)(g) of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that on 23/5/09, at about 1 p.m., when prosecutrix was fetching water from Handpump, respondents nos. 2 and 3, who are real brothers, came there, gagged and dragged her inside their house and after abusing and assaulting her, she was raped by respondent no. 1 Dinesh. A written complaint was sent to Superintendent of Police, Satna on 2/6/09, on the basis of which, First Information Report (Ex. P/3) was registered at Mahila Thana, Satna. After completion of investigation, charge-sheet was filed.

(3.) Learned Government Advocate, while making reference to the evidence on record, submitted that the learned trial Court has not properly appreciated the evidence on record and the impugned judgment deserves to be interfered with.