STATE OF MADHYA PRADESH Vs. KALLU

JUDGEMENT

(1.) This appeal has been filed on 28.12.1999 arising out of the judgment of acquittal dated 24.9.1999 passed by the Sessions Judge, Panna in Sessions Trial No.69/1998. By the aforesaid judgment, the learned lower Court acquitted the accused Mahesh for the offence under section 376(2)(g) read with section 107 of IPC, accused Dayaram for the offence under section 363 read with section 107 of IPC, in alternative section 366 read with section 107 of IPC, accused Kallu for section 363 of IPC, in alternative sections 366 and 376(2)(g) and accused Jawahar for the offence under section 376(2)(g) of IPC.

(2.) It is submitted by the counsel for appellant/State that the learned lower Court acquitted the accused persons without perusing the evidence brought before the trial court. It was proved that the prosecutrix was minor, therefore, her consent is not valid and the order of acquittal of accused cannot be passed. As per ossification test, the age of the prosecutrix was reported between 13 to 15 years. The Court failed to see that the prosecution has proved its story beyond reasonable doubts. However, the judgment of acquittal is bad in accordance to law. Therefore, the instant appeal may be allowed and the accused persons may be reasonably punished.

(3.) On the other hand, the learned Amicus Curiae opposed the arguments. It is submitted by him that the learned lower Court passed the judgment after proper appreciation of the evidence and rightly came to the conclusion that the prosecutrix was about 18 years of age. The statement of the prosecutrix was also not found reliable, however, the conviction cannot be based only on the sole testimony of the prosecutrix. It is argued that the allegation of commission of rape is also not supported by the medical evidence. Therefore, the lower Court rightly acquitted the accused persons. Hence, the appeal is liable to be dismissed.