STATE OF MADHYA PRADESH Vs. SONU @ RAJPAL LODHI

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 of respondent for the offences punishable under Sections 376, 302 and 201 of the IPC. The corresponding judgment was passed by II Additional Session Judge, Khurai District Sagar in S.T. No. 729/2010 on 30.12.2011.

(2.) Prosecution case, in brief, is that during the period 14.9.2010 to 18.9.2010, the respondent not only subjected the prosecutrix to rape but also strangulated her to death and for the purpose of causing disappearance of the corresponding evidence, threw her dead body in Jhinna Nala and concealed her underwear in a pit near the Nala. Upon the report of Nannu, Morgue No. 7/10 (Ex.P/2) and First Information Report (Ex.P/16) were registered. After investigation, charge-sheet was filed.

(3.) Learned Government Advocate submitted that the trial Court had erred in appreciating the evidence on record and the judgment of acquittal deserved to be interfered with.