LAWS(MPH)-2013-8-348

VIMLA PATEL Vs. STATE OF M P

Decided On August 12, 2013
Vimla Patel Appellant
V/S
STATE OF M P Respondents

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 dated 12.7.2013 passed by XV Additional Sessions Judge, Jabalpur in Sessions Trial No. 145/13, whereby respondent no. 2 Pankaj Kevat has been acquitted of the offences under Sections 365, 366 and 376(1) of the of the Indian Penal Code (for short "IPC") and respondent no. 3 Virendra Dohar has been acquitted of the offences under Sections 366 read with 368 of the IPC.

(2.) Prosecution case, in brief, is that during the period 24/12/2012 to 4/1/13, under a false promise to marry, as well as, threat to kill her parents, respondent no. 2 persistently subjected the prosecutrix to sexual intercourse at various places viz. near Railway Station Jabalpur, at the house of respondent no. 3 Virendra situated at a Village near Jaitwara, Teonthar where he also forcibly took her signatures on a Rs. 50/- Stamp Paper and at his sister's house in Jaitwara and, ultimately, on 4/1/13 her father, searching for her, reached Jaitwara and brought her back. First Information Report (for short "FIR") was registered at the instance of the prosecutrix at Police Station, Panagar and after investigation, charge-sheet was filed.

(3.) Learned counsel for the appellant, while making reference to the evidence on record, submitted that the trial Court had erred in appreciating the evidence and the judgment of acquittal deserved to be interfered with.