RAKESH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant named above being aggrieved by the judgment dated 25.3.2008 passed by the learned XVI Additional Sessions Judge, Indore in ST No. 15/08, thereby convicting him under section 376 of the Indian Penal Code and sentencing to undergo RI for seven years and to pay a fine of Rs. 5,000/ -, in default of payment of fine, to suffer additional RI for six months, has preferred this appeal under section 374 of the Code of CrPC.

(2.) BRIEFLY stated, the prosecution case as unfolded before the trial Court is that on 22.9.2007 in the evening at 4:30 p.m., the prosecutrix aged 15 years, daughter of the complainant Manohar had gone to answer the call of nature behind the godown of one Pawan Agrawal situated on the back side of the house of the complainant Manohar. At that moment Manohar overheard the outcry of his daughter and he along with witness Sanjay reached behind the godown and saw that the watchman of the godown, the appellant was committing rape with the prosecutrix who was trying to get herself released from his clutches. Complainant Manohar raised alarm attracting the inhabitants of that area and appellant was caught on the spot itself. The prosecutrix disclosed about the incident to the persons assembled there. The appellant was brought by the complainant and Sanjay Verma, brother of the prosecutrix to Police Station Lasudiya where Manohar lodged the report Ex. P -1. Prosecutrix was sent for medical examination to M.Y. Hospital, Indore and examined by PW 4 Dr. Bharti Dwivedi who issued medical report Ex. P -4. The appellant was also arrested and was sent for medical examination and examined by PW 5 Dr. Hemant Kumar Dwivedi. His medical report is Ex. P -9. On due investigation, appellant was charge -sheeted for the offence punishable under sections 376 and 506 of the Indian Penal Code.

(3.) HAVING heard learned counsel for the parties and after perusing the entire record, this Court is of the view that the prosecution has failed to prove its case beyond reasonable doubt against the appellant.