STATE OF MADHYA PRADESH Vs. SHIV SINGH

JUDGEMENT

(1.) STATE of Madhya Pradesh through Police Station, Kailaras, District Morena has filed this appeal under Section 378 CrPC feeling aggrieved by the judgment dated 19th December, 2000 pronounced by the Additional Sessions Judge, Sabalgarh District Morena in S.T. No. 307/97, in which the learned trial Court has acquitted the respondent Shiv Singh for the offence punishable under Section 376 (2) (g) read with Section 506 of IPC.

(2.) IT is not disputed that the co -accused Narayan has been declared absconded and the Court has proceeded under Section 299 of Cr.P.C. It is also not disputed that Dr. F.C. Bansal (PW -6) has examined the respondent -accused on 5.8.1997 and found him capable for performing sexual intercourse. Semen slide of the accused was prepared and handed over to the police.

(3.) AS per prosecution story, on 14.7.1997 at about 5:40 in the evening, the prosecutrix went to the office of Superintendent of Police, Morena and submitted a written complaint Ex.P/6. On the basis of which a FIR was lodged. In the complaint, she has alleged that when she went to attend call of nature at 6 AM the accused Shiv Singh and co -accused Narayan caught her on the way, they committed gang rape on her. They also threatened her and her husband, if she goes to the police they will kill them. The prosecutrix was sent for medical examination on 15.7.1997. Dr. (Smt) Rekha Kamthan (PW -9) examined her and submitted report Ex. P/13. Prosecution witnesses Shivji (PW -1), Chiddi Lal (PW -2) were said to be eyes witnesses. Asharam Gautam (PW -8) Sub Inspector of Police conducted the investigation and arrested the accused respondent Shiv Singh. He was sent for medical examination. Dr. F.C. Bansal (PW -6) opined that the accused -respondent is capable to perform sexual intercourse. Slide of private part of the prosecutrix and the semen slide received from the hospital were sent to chemical examination by the memorandum Ex. P/10. On filing of a charge sheet, accused -respondent Shiv Singh was explained the charge for offence under Section 376 (2) (g) of IPC, he abjured guilt.