SHYAMLAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23 -9 -87 of the Additional Judge to the Court of Sessions Judge, Rajnandgaon, whereby the appellants were convicted as under:

(2.) CONTENTION of the appellants is that it was a case bf consent of the lady. She was in love with Shyamlal, as admitted by P.W. 7Mordhwaj and from her conduct is not complaining to anybody during the period of 10 days and going to the house of Shyamlal, while she was alone travelling in the bus and reached village Garrapar, it could not be said that she was under constrained of threat and it was she who volunteered In going to the house of Shyamlal which Indicated her consent.

(3.) IN a criminal trial, the prosecution must prove the guilt of the accused beyond reasonable doubt and if probable defence is set -up, the accused is entitled to the benefit of doubt, as he is presumed to be innocent till his guilt is proved, which must be beyond reasonable doubt. This standard of proof has not been achieved by the prosecution and the probability of consent of the prosecutrix is apparent. The appellants are, therefore, entitled to benefit of doubt.