STATE OF M.P. Vs. MUNESH

JUDGEMENT

(1.) THE applicant/State has preferred this petition U/Sec. 378(3) of Cr.P.C. for the grant of leave to appeal against the judgment of acquittal dated 24/03/2009 passed by first Additional Sessions Judge, Ashok Nagar in Sessions Trial No.6/09; whereby acquitted the respondent/accused from the charges U/Sec. 366 and 376(1) of IPC.

(2.) BRIEF facts of the case are that the respondent/accused-Munesh came to the house of complainant Parmal Singh and stayed with the complainant-Parmal Singh for two days, third day he returned back to his home. On the date of incident at about 12 a.m., the complainant/prosecutrix while went to bring clay near the nala, at that time, the respondent/accused came there on the motorcycle and asked the complainant/prosecutrix to accompany with him up to Guna, where the sister of the complainant/prosecutrix was admitted in the hospital and thereafter, took the complainant/prosecutrix on the motorcycle to Guna. When the complainant/prosecutrix did not return back to the house, her father Parmal Singh searched her and thereafter reported at police station Ashok Nagar. On 25/11/2008, it is alleged that the respondent/ accused took the complainant/prosecutrix to various places and also committed rape on her and after return of the prosecutrix, her statement had been recorded by the police and a case U/Sec. 366 and 376 of IPC had been registered. The prosecutrix had been sent for medical examination to the Government hospital, after due investigation, charge sheet had been filed.

(3.) HAVING heard learned Public Prosecutor for the applicant/State and perused the impugned judgment.