KAVITA TIWARI Vs. MEERA TIWARI

JUDGEMENT

(1.) The complainant has preferred this petition under Section 378 (3) Cr.P.C , 1973for grant of leave to file an appeal against the acquittal of the respondent No.1 from the offence punishable under Section 376 read with 109 of IPC. vide impugned judgment dated 18.03.2016 recorded in ST No.269/2011 by the VI Additional Sessions Judge, Rewa (M.P.)

(2.) The respondent Smt. Meera Tiwari was prosecuted alongwith her son Rohit for offence punishable under Section 376 read with 109 of IPC for abetting her son to commit rape on prosecutrix who is a minor girl. It is alleged that the prosecutrix is real niece of the respondent who is living in her neighbourhood. On 25.06.2011 the prosecutrix has lodged a report Ex-P/3 in City Kotwali, Rewa stating that she is a minor girl aged about 13 years. Sometime back on 15.11.2010 in the evening about 5 O' clock her aunty, respondent Meera Tiwari called the prosecutrix in her house and asked to prepare tea. When prosecutrix was preparing tea accused Rohit came there and committed forcibly intercourse with her. During this the respondent closed the door of the room from outside. After the incident Rohit and respondent threatened her to kill if she would tell anybody about the incident. Thereafter for eight-ten occasions respondent called the prosecutrix in her house on false pretext and the accused Rohit committed rape on her. On 25.5.2011 when Rohit was making sexual intercourse with her, the sister-in-law of prosecutrix saw them and informed the mother of the prosecutrix. Thereafter prosecutrix had told her parents about the incident and subsequently a report was lodged in Police Station City Kotwali Rewa.

(3.) A FIR was recorded and offence under Section 376 and 376 r/w 109 of IPC was registered and after usual investigation charge sheet has been filed against Rohit and present respondent Meera Tiwari. The trial Court framed charge of aforesaid offence against the accused persons, they abjured guilt. After conclusion of trial the trial Court while passing impugned judgment dated 18.03.2016 convicted the accused Rohit for the commission of offence punishable under Section 376 of IPC but acquitted the respondent Meera Tiwari for the offence punishable under Section 376 r/w 109 of IPC on the ground that it is not found proved beyond reasonable doubt that the respondent has abetted his son to commit rape on prosecutrix.