ANITA JHARIA Vs. AKHILESH JHARIYA

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 5.5.2011 passed by Sessions Judge, Seoni, in Sessions Trial No. 69/2010, whereby respondent No. 1 namely Akhilesh Jhariya has been acquitted of the offence punishable under Section 376 of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that upon a false promise to marry, respondent No. 1 not only persistently subjected the prosecutrix to sexual assault for a period of two years, but also caused her abortion by administering pills. The said report was lodged by the prosecutrix 25/2/10 at Police Station Kevlari, upon which Crime No. 38/10 was registered and after investigation, charge-sheet was filed.

(3.) Learned counsel for the appellant as well as learned Dy. Advocate General submitted that the trial Court has not properly appreciated the evidence on record and the impugned judgment deserves to be interfered with.