STATE OF M.P. Vs. MOHAR SINH

JUDGEMENT

(1.) The State has preferred the present appeal against the judgment dated 22.07.2015 passed by Second Additional Sessions Judge, Shivpuri in ST No.217/2014 whereby the respondent has been acquitted from the charge of Sections 366, 376(2)(D) and 506(Part-2) of IPC.

(2.) Prosecution's case in short is that the prosecutrix PW/1 who is wife of Saheb Singh Rathore (PW/2), having four children, was found missing on 05.07.2014. According to Nana Ram Rathore (PW/5), she left the house with the intimation that she was going to a tailor. After sometime, when she did not come, Nana Ram Rathore and his son Saheb Singh Rathore searched the prosecutrix but their efforts were futile. After few days, the prosecutrix came back and intimated her husband Saheb Singh Rathore that she was taken by the respondent forcefully and he committed rape upon her at various places. He also threatened her not to inform the police otherwise he would take the life of her husband and children. On 24.07.2014, the prosecutrix was taken to the police station ­Kotwali, Shivpuri by her husband and a written report Exhibit P/1 was lodged. Case was registered by document Exhibit P/2 and the prosecutrix was sent for her Medico Legal Examination. Dr. Mamta Chauhan examined the prosecutrix and found no external or internal injury on her person. The Investigating Officer examined the various witnesses and sent the various articles to the Forensic Science Laboratory. FSL report Exhibit P/12 was filed during the pendency of the trial.

(3.) The respondent abjured his guilt. He took a plea that the prosecutrix was his aunt and due to some dispute relating to property with her husband, he was falsely implicated in the matter. However, no evidence was adduced.