PALUE RAWAT Vs. PRADEEP RAWAT

JUDGEMENT

(1.) Heard on the question admission. This appeal has been preferred under Section 372 of Cr.P.C. being aggrieved with the acquittal of respondent No.1 for the offences punishable under Sections 363, 366, 376(1) and Section 4 of the Protection of Children from Sexual Offences Act, passed by 3rd ASJ, Shivpuri in S.T.No.187/2013.

(2.) It is submitted by learned counsel for the appellant that learned trial Court has not appreciated the evidence and material in proper perspective and erred in holding that the victim is not below the age of 18 years and further held that the victim was the consenting party. From the statement of the victim (PW -9) as well as from the statement of Ramgopal (PW -10) and document Ex.P/ 12 and P/13, it is proved beyond reasonable doubt that date of birth of victim is 8.6.1997, therefore, on the date of incident she was below 18 years and was minor. The learned trial Court erred in holding that because radiological examination of the victim has not been done, hence the date of birth mentioned in Ex.P/12 and P/13 held to be reliable. Thus, the learned trial Court has committed error in acquitting the respondent No.1.

(3.) Taking into consideration the aforesaid evidence available on record, in our opinion, the learned trial Court has appreciated the evidence in its proper perspective, cogent reasons have been assigned in support of the findings, we see no reason to disagree with the well merited acquittal recorded by the learned trial Court. In our opinion learned trial Court has not committed any error in acquitting the respondent No.1. The appeal is devoid of any merits, hence it is dismissed.