SAVITA BAI Vs. MUNNALAL

JUDGEMENT

(1.) Aggrieved by the judgment of acquittal dated 28.02.2006 passed by the Third Additional Sessions Judge, Guna (F.T.C.), Guna in Sessions Trial No.302/2005, "State Vs. Munna and Others," in which the learned Trial Court has acquitted the accused/non-applicants No.1 and 2 for the offence under Section 376 (2) (G) of I.P.C., the father of the prosecutrix on behalf of the complainant/prosecutrix, has filed this revision under Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) It is not disputed that the prosecutrix, a minor, is mentally retarded. The accused persons are known to her. Both PW-3, Munnibai, is her mother, PW-1 Nathu is her grand father. A report was lodged at Police Station Myana which has been marked as Exhibit P-10. Dr. Chhya Sharma, PW-10, the lady medical officer examined the prosecutrix and prepared the report Exhibit P-11. Dr. R.K. Jain, PW-6 examined the 'X' Ray plates on the reference by Doctor Chhya Shama, PW-10 and submitted the report Exhibit P-7 in which he has found the radiological age of the prosecutrix in between 17-18 years. The accused non-applicants 1 and 2 were arrested by Harsh Kumar, A.S.I. (PW-9) on 23.08.2005 by arrest memo Exhibit P-12 and P-13. Both of them were sent for medical examination by requisition Exhibit P-3 and Exhibit P-4.

(3.) Besides, these admitted facts, the prosecution story in brief is that the prosecutrix lodged a report at Police Station Myana on 22.08.2005. It is alleged that at about 7 A.M. she had gone to attend the call of nature behind the School in the fields in her village Behentaghat. The accused persons/ non-applicants Sunil and Munnalal caught her. They committed sexual intercourse turn by turn. Her mouth was shut by Sunil when the other accused committed the crime and when Sunil committed the crime, the other accused Munnalal shut her mouth. When she was left, she shouted. Chandu and Sanjay (PW-8) climbed to the terrace of the school and saw the accused persons running from the spot. The prosecutrix' clothes were wet due to bleeding. She returned to her home crying and narrated the incident to her mother Munnibai, PW-3 and her grand father Nathu, PW-1. PW-1 Nathu accompanied her to Police Station which is about a distance of 40 kms. and lodged the report, Exhibit P-10.