STATE OF MP Vs. RAJARAM

JUDGEMENT

(1.) The applicant/State has preferred this petition U/sec. 378 (3) Cr.PC for the grant of leave to appeal against the judgment of acquittal dated 2.4.2009 passed by Special Judge, Guna in Special Case No. 119/07; whereby acquitted the respondent/accused from the charges U/sec. 376 (1), 323 and 506 Part - II of IPC and 32 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) Brief facts of the case are, on 14.6.2007 at about 7.50 pm, the complainant/prosecutrix together with her minor daughter was in the shop of one Hari Prasad (PW-3) at that time, the respondent/accused came to the shop, who is also known to the complainant/prosecutrix, he shut down the shutter of the shop concerned and thereafter, committed forcible rape on the prosecutrix who is aged about 40 years and threatened her not to disclose the incident to anybody. The complainant/prosecutrix had lodged the First Information Report at Police Station, Ashok Nagar two days after the incident i.e. on 16.6.2007 on which basis, police had registered a case u/sec. 376 of IPC and 3 (2) (v) of the SC & ST Act. Sent the complainant/prosecutrix for medical examination to the Government hospital, recorded the statements of the witnesses, arrested the accused and after due investigation, charge sheet had been filed.

(3.) Learned trial Court after due appreciation of the entire evidence on record by impugned judgment acquitted the respondent/accused from the aforesaid charges aggrieved by which, State has filed this petition for the grant of leave to appeal against the judgment of acquittal.