STATE OF MADHYA PRADESH Vs. VIJAY SINGH

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 10/01/2012 passed by Special Judge (under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act")) at Hoshangabad in Special Case No. 147/10, whereby respondent namely Vijay Singh has been acquitted of the offences punishable under Sections 376(1), 458 and 506 of the Indian Penal Code ("IPC" for short) and 3(2)(v) of the Act.

(2.) Prosecution case, in brief, is that on 19/11/10 between 1 to 1.30 a.m., when the prosecutrix, along with her grandchildren Vikas, Shivani and Shubhani, was asleep in her house and her husband was not present having been gone to Seonimalwa, respondent trespassed into her house and sat on her chest due to which she came out of her slumber. As she tried to shriek, respondent pressed her mouth and subjected her to rape and upon her attempt to extricate herself from his clutches, he twisted her hand and threatened to kill her on the point of a knife. After committing the offence, when the respondent was about to leave, she raised alarm, upon which Vikas (PW2) awoke and saw the respondent fleeing. Hearing her screams, Bajulal (PW7) and Ramesh (PW5), neighbours came on the spot and remained with the prosecutrix for the entire night. Next day morning when her husband Bhujram (PW4) came, the prosecutrix apprised her of the incident and went with him to lodge the report. Upon the said information, First Information Report (Ex.P/1) leading to registration of Crime No. 241/10 was recorded, and after 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.