STATE OF MADHYA PRADESH Vs. SUMIT SONI

JUDGEMENT

(1.) Heard on admission. This application for grant of leave to appeal has been preferred under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 31/7/2012 passed by Sessions Judge, Mandla in Sessions Trial No. 35/2012, whereby respondent namely Sumit Soni has been acquitted of the offences punishable under Sections 450 and 376(1) of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that on 8/10/2011 at about 2.30 p.m., respondent trespassed into the house of prosecutrix and subjected her to rape. Report of the incident was lodged by the prosecutrix at Police Station Tikariya and after investigation, charge-sheet was filed.

(3.) Learned Dy. Advocate General submitted that the impugned judgment was passed without proper appreciation of evidence on record and the same deserved to be interfered with.