STATE OF MADHYA PRADESH Vs. REKHA @ KUNWAR

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 16/08/2012 passed by the Sessions Judge, Panna, in Sessions Trial No. 44/2011, whereby respondent Nos. 1 Rekha @ Tej Kunwar & 3 Usha Tiwari have been acquitted of the offences punishable under Sections 363, 366-A & 372 of the Indian Penal Code ("IPC" for short) and respondent Nos. 4 Ashok Kumar and respondent No. 5 Rajababu Shivhare have been acquitted of the offence punishable under Section 376(2)(g) of the IPC and respondent No. 2 Uttam Shrivastava has been acquitted of the offences punishable under Sections 363, 366-A, 372 & 376(2)(g) of the IPC.

(2.) Prosecution case, in brief, is that respondents Rekha, Usha Tiwari and Uttam, in the month of February, 2010 kidnapped the prosecutrix and for the purpose of prostitution gave her on hire whereas Rajababu, Ashok Kumar and Uttam Shrivastava subjected the prosecutrix to rape one after other. Prosecutrix had submitted an application before the Deputy Inspector General of Police, Chhatarpur on which investigation was conducted. After completion of investigation, 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.