STATE OF MADHYA PRADESH Vs. NAND KISHORE

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 16/9/2009 passed by I Additional Sessions Judge, Betul in Sessions Trial No. 98/2008, whereby respondents namely Nand Kishore and Gulab have been acquitted of the offences punishable under Sections 363, 366 and 376(2)(g) of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that on 10/1/08 at about 4 p.m., at Jamanya Nala, respondents forcibly took the prosecutrix away from the company of her relatives Rukmi Bai, Sonay Bai, Samay Bai and Jaya and kept her in a Jungle for three days, where respondent Nand Kishore subjected her to rape. Thereafter, they took her to Makda Jungle and kept her there in a hut for a week, and during that period also, respondent Nand Kishore persistently subjected her to sexual assault. Crime No. 11/08 was registered and after investigation, charge-sheet was filed.

(3.) Learned Dy. Advocate General submitted that the impugned judgment was passed without proper appreciation of evidence on record and the same deserved to be interfered with.