STATE OF MADHYA PRADESH Vs. BAIJNATH

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, 366 and 376(1) 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 21/7/2011 was passed by Special Judge (under the Act) at Tikamgarh in Special Sessions Case No. 5/08.

(2.) As per the prosecution story, on 13/4/07, when the prosecutrix, a member of scheduled caste, was going to the house of her maternal uncle after appearing in Class VIIth examination, the respondent after threatening to kill her parents and administering her stupefying substance, took her to various places viz. Jhansi, Ambala and Delhi and for a period of about six months persistently subjected her to rape.

(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.