STATE OF M P Vs. NILESH

JUDGEMENT

(1.) THIS order shall dispose of the application filed by the State of Madhya Pradesh under Section 378(3) Cr.P.C. seeking leave to file an appeal against the judgment dated 12.03.2013 delivered by the Additional Sessions Judge, Ujjain in S.T.No.382/2012, whereby the learned Judge acquitted the respondent of the charges framed against him under Section 376(1) and 343 of IPC by holding that in this case, the prosecutrix, who was aged about 19 years had been moving around with the respondent of her own free will. She stayed with the respondent at various places in hotels and public places, but never made any complaint about the commission of alleged rape. Moreover, she was a married lady and was having extra marital relations with the respondent for quite some time and infact she falsely implicated the respondent. Paragraphs 15, 16 and 17 are relevant which are reproduced hereunder: - <IMG>JUDGEMENT_41_MPWN1_2014.jpg</IMG> However, there are contradictions in the statement made by the prosecutrix and the FIR as is apparent from the reading of paragraph 18. The medical evidence is also against the case of the prosecution. Paragraph 20 of the judgment is relevant which is reproduced for the sake of reference: - <IMG>JUDGEMENT_41_MPWN1_20141.jpg</IMG>

(2.) TAKING the commutative evidence which as come on record, the trial Court acquitted the respondent. We find no reason to grant leave to file an appeal. Dismissed. C.C.as per rules.