ALLI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been preferred under Section 397(2) and 401 of Cr.P.C. by petitioner/prosecutrix being aggrieved by the judgment dated 5.1.2007 pronounced by A.S.J. (F.T.C.) Pichhore, District Shivpuri in S.T. No. 113/2006 (State of M.P. Vs. Asharam) whereby the learned trial Court has acquitted the accused under Section 376 of IPC. The petitioner has requested to set aside the impugned judgment and to pass appropriate order.

(2.) BEFORE the trial Court the accused stood trial for the charge under Section 376 of IPC for allegedly committing rape with the prosecutrix (PW -2) on 20.8.2005 at about 3 PM in village Badanpur, Police Station Pichhore, District Shivpuri.

(3.) AFTER due investigation challan has been filed under Section 376 of IPC. Trial Court explained charge under Section 376 of IPC, and the accused abjured guilt. After recording the evidence the learned trial Court acquitted the accused giving him the benefit of doubt.