STATE OF MADHYA PRADESH Vs. SAGAR PATIDAR

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 the acquittal the respondent namely Sagar Patidar of the offences punishable under Sections 450, 376(1), 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 brevity "the Act"). The impugned judgment dated 31/5/2013 was passed by Special Judge (under the Act), Sehore, in Special Case No. 9/13.

(2.) As per the prosecution story, on 25/8/12, at about 10.30 p.m., the respondent trespassed into the house of the prosecutrix, a member of scheduled caste and subjected her to rape, and also threatened to kill her. First Information Report (Ex. P/9) was registered and after completion of investigation, charge-sheet was filed against the respondent.

(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.