STATE OF MADHYA PRADESH Vs. DEVENDRA RATHORE @ KALLU

JUDGEMENT

(1.) Heard on admission. This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure ("Code" for short) against acquittal of the respondent of the offences under Sections 363, 366A, 376(2) of the Indian Penal Code (for short "the IPC") and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act"). The impugned judgment dated 16/5/2013 was passed by Special Judge (under the Act) at Sehore in Special Case No. 39/2013.

(2.) As per the prosecution story, on 6/3/13, complainant Laxman lodged a missing report no. 13/2013 at Police Station Ashta regarding his daughter viz. the prosecutrix, aged about 14 years belonging to scheduled caste. During investigation and interrogation of the prosecutrix, she divulged that Kalla alias Devendra Rathore, on a promise to marry, took her to Dewas, where he kept her in a hotel room for two days and had subjected her to rape. Crime No. 153/13 was registered at Police Station Ashta. After completion of investigation, charge-sheet was filed.

(3.) Learned Government Advocate, 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.