KAVITA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by acquittal from the charges under Sections -376(2)(n)(f), 450 and 506(II) of IPC recorded by th Additional Session Judge, Indore vide judgment dated 08.09.2017 passed in S.T. No.1056/2015, the prosecutrix has come before this Court for grant of leave to appeal.

(2.) Learned trial Court has recorded the acquittal mainly on the grounds that the prosecutrix could not establish that when and where the accused took her obscene photos/videos. Nothing was found in the mobile seized from the accused and no complaint ever been made by the prosecutrix while she alleged that since last three years, the accused was blackmailing and abusing her physically on the threat of disclosing obscene photos/videos.

(3.) Learned trial Court also found that the accused has filed a cheque bounced case against the prosecutrix and enmity on some other issues was also there. The prosecutrix admitted in her statements before the trial Court that she remained in touch with the accused for several years and she admitted that it was impossible for taking snaps while somebody is taking bath in the bathroom.