STATE OF M.P. Vs. SHANKAR

JUDGEMENT

(1.) APPELLANT State has preferred this appeal against the impugned judgment dt. 18.8.1987, passed by Second Additional Sessions Judge, Sagar, Camp at Rehli, in Sessions Trial No. 231/85, whereby the respondents/accused persons were acquitted of the charges under sections 376 and 305, of the Indian Penal Code (for short the IPC).

(2.) RESPONDENTS /accused persons Shanker, Karan and Param were tried on the charge under sections 376 and 305, IPC on the allegation of their having committed rape on prosecutrix Baby alias Triveni Bai, a girl aged about 15 years on 7.3.1985 and thereby abetting her to commit suicide, who committed suicide by setting herself on fire on 7.3.1985. The report about the incident was lodged by Ram Narayan, uncle of the prosecutrix, wherein only this much was mentioned that the prosecutrix had died of burn injuries, inside the house. The accused persons abjured their guilt and pleaded false implication. The trial Court, on a close scruting of the evidence led by the prosecution for establishing the above charges against the accused persons, arrived at the conclusion that the prosecution has failed in proving its case against the accused persons and therefore, the impugned judgment of acquittal was recorded.