STATE OF MADHYA PRADESH Vs. PREMNARAYAN AND ORS.

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment dated 10.8.1998 passed by the JMFC, Begumganj, District Raisen in Criminal Case No. 37 of 1997 whereby, the respondents have been acquitted from the charges of offence under Section 354 read with Section 34 of I.P.C.

(2.) THE prosecution's case in short is that on 31.12.1996 at about 11.00 p.m in the night the prosecutrix (PW1) was sleeping in her house at Village Sonpur (Police Station Sultanganj, District Raisen). Her younger brothers Maniram (PW4) and Halke were also sleeping there whereas, her elder brother Pratap went to the fields and her mother Ladlibai (PW2) went to her maternal house. In the night the respondent Premnarayan held the hand of the prosecutrix with bad intention. On shouting of the prosecutrix, Maniram and Halke immediately ran towards the prosecutrix hence, the respondents ran away. On the next day morning when Pratap came back from the fields, she narrated him the entire story. In the evening when mother Ladlibai came back, she was also informed and thereafter on the third day the prosecutrix went to the Police Station Sultanganj along with her brother and lodged an FIR. After due investigation a charge sheet was filed.

(3.) THE trial Court after considering the evidence adduced by the parties acquitted the respondents.