NEHA AHIRWAR Vs. VINOD

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 17/8/11 passed by Additional Sessions Judge, Pipariya, District Hoshangabad, in Sessions Trial No. 218/2010, whereby respondent no. 1 Vinod has been acquitted of the offences under Sections 363, 366 and 376(1) of the Indian Penal Code (for short "IPC").

(2.) Prosecution case, in brief, is that upon a false promise of marriage, respondent no. 1 persistently, for a period of two months, subjected the prosecutrix to sexual intercourse and impregnated her. Thereafter, on 7/4/10, again on the pretext of marriage, he took her to his house at Jamada and continually subjected her to sexual assault till 15/7/10 i.e. the date on which, she was brought back to her home by her father. A missing report, with regard to the prosecutrix, had been lodged by her father at Police Station Pipariya, whereas, First Information Report (Ex. P/11), leading to registration of Crime No. 139/10 in respect of the offences punishable under Sections 363, 366 and 376 of the IPC, was registered at the instance of the prosecutrix. 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 has erred in appreciating the evidence and the judgment of acquittal deserves to be interfered with.