STATE OF MADHYA PRADESH Vs. KALLU @ PRAKASHPURI

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 9/9/10 passed by the Special Judge, (under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act")) at Katni, in Special Case No. 11/2008, whereby respondent has been acquitted of the offences punishable under Sections 376(1) & 506(1) of the Indian Penal Code ("IPC" for short) and under Sections 3(1)(xii) & 3(2)(v) of the Act.

(2.) Prosecution case, in brief, is that in the night intervening 8th and 9th of July 2010, at about 12, as the prosecutrix turned after urinating outside her house, respondent caught her from behind and after tying her mouth with a piece of cloth, dragged her inside a school situated in front of her house through its broken window, subjected her to rape and threatened to kill her in case she disclosed the incident to anyone. After commission of the offence, when the respondent was getting dressed, she removed the cloth from her mouth and screamed, hearing which her family members reached at the spot and the respondent fled through the window. Respondent had subjected her to sexual assault four months back also. Report of the incident was lodged by her on 9/7/2010 at Police Station Badwara. After investigation, respondent was apprehended and charge-sheet was filed.

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