SUNITA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 20.02.2014 of acquittal of respondent No. 2, Bhamma @ Bhawar Lal pronounced in Special Sessions Trial No. 46/11 (State of M.P. Vs. Mohan Babu & A no. the prosecutrix has filed this criminal appeal assailing the same on different grounds.

(2.) THE prosecution story in brief is that P.W.2, Tulsi Ram alongwith P.W.3, Raboodi Bai, P.W.4, Kedar Bai and other persons lodged a report of guminsan at Police Station Jamner District Guna about missing of the prosecutrix, wife of Tulsi Ram. The complainant, Tulsiram married to the prosecutrix 1 1/2 year before the date of incident. On the basis of the report, Guminsan No. 15/10 was lodged. During the investigation, the prosecutrix was recovered on 23.04.2011. Head Constable, Bhagwan Singh Dhangi (P.W.8) after the recovery of the prosecutrix has filed a report, Exhibit P -7 on the basis of which FIR, Exhibit P -6 was lodged under Section 366, 376, 342, 506 -B/34 of IPC read with Section 3(1)(12) & 3(2)(5) of the Scheduled castes and scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) AFTER about 4 -5 months, the prosecutrix returned to the village. She narrated the whole story, therefore, her husband took her to the Police Station. She also narrated that she was kept at Village Lateri in a room for 8 days. Accused, Bhamma left the place and accused, Mohan committed sexual intercourse with her. From there she was taken to Village Raghogarh by accused Mohan. There also she was kept in a room and accused Mohan committed sexual intercourse with her. From there she was taken to Guna and again kept in a room and she was subjected to sexual intercourse. Accused, Mohan during this period was constantly threatening her of her life.