STATE OF MADHYA PRADESH Vs. SHYAM PURI

JUDGEMENT

(1.) This criminal appeal has been filed by the State of Madhya Pradesh under section 378(3) read with section 378(1) of CrPC on 26.8.1998 against the judgment of acquittal passed by the Sessions Judge, Balaghat on 6.11.1997 in Sessions Trial No.76/1997. By the impugned judgment, the trial court acquitted the accused/respondent Shyam Puri for the offence punishable under section 376 of IPC by giving him the benefit of doubt.

(2.) It is an admitted fact that Ishulal (P.W.1) and Roshanlal (P.W.2) are the real brothers and they are residents of Village Aamgaon, Police Station Kirnapur. Prosecutrix is the daughter of Ishulal, aged about 18 years. It is also an admitted position that accused was examined by Dr.M.R.Moyar (P.W.10) on 27.4.1997, who found him capable to perform sexual intercourse.

(3.) As per prosecution case, the prosecutrix was having some mental problem. On 20.4.1997 when Ishulal was sleeping in his house at that time at about 9:00 p.m. he found that the prosecutrix is missing. Therefore, Ishulal reached to the house of his brother Roshanlal and inquired about the prosecutrix. Thereafter both brothers and cousin brother Beniram Pawar went for searching the prosecutrix. Roshanlal and Beniram searched towards the Kirnapur agricultural fields while Ishulal searched towards the Badagaon side. Roshanlal and Beniram when reached to the agricultural field of Soman, they saw that the accused Shyam Puri was upon the body of the prosecutrix. Both were in naked conditions. Their underwears were lying to the nearest place. When they reached there, the accused fled away after wearing his underwear. Roshanlal wore the underwear to the prosecutrix and thereafter Roshanlal and Beniram took her to the house of Ishulal where Chainlal, Gadebal, Sevakram and Ishulal were present. Roshanlal told the entire story to the aforesaid persons and also intimated to the Sarpanch and Kotwar.