STATE OF MADHYA PRADESH Vs. GUDDU @ BHAGWANDAS

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). By the impugned judgment, respondent has been acquitted of the offence under Sections 450, 376(2)(g) and 506 Part II 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 31/5/2013 was passed by Special Judge (under the Act) at Sehore in Special Case No. 13/2013.

(2.) As per the prosecution story, on 25/4/12, while prosecutrix, a widow belonging to scheduled tribe, was inside her tin-shade hut located in the field of Umesh Chouhan, respondent Guddu Kirar along with co-accused Radheshyam Kirar knocked her door. As she opened the door, both of them pushed and flumped her on the ground and while Radheshyam gagged her with his hand, Guddu committed sexual intercourse with her, and thereafter, Radhesyam also raped her. On the next day morning, she narrated the incident to Umesh Chouhan and Nasir Khan. Crime No. 5/12 was registered at Police Station AJK, Sehore. After completion of investigation, charge-sheet was filed.

(3.) Learned Deputy Advocate General, 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.