STATE OF MADHYA PRADESH Vs. ANTRAM UIKE

JUDGEMENT

(1.) This order shall dispose of Misc. Criminal Case No. 12531/09 and Criminal Revision No. 1839/09 arising out of the common judgment dated 7.9.09 passed by Sessions Judge Mandla in S.T. No. 105/08 acquitting respondent Antram under Section 376(1) and 506 Part II of IPC.

(2.) Being aggrieved by the aforesaid order of acquittal, State of M.P. has preferred a petition for leave to appeal bearing M.Cr.C. No. 12531/09, while the prosecutrix has preferred Criminal Revision No. 1839/09.

(3.) Respondent was tried for the offences under Section 376(1) and 506 Part II of IPC for committing rape on the prosecutrix and committing criminal intimidation, before Sessions Court. As per prosecution allegations, respondent was a tenant in the house of the father of prosecutrix. He developed physical relations with the prosecutrix. In the month of August 2007, respondent came to the prosecutrix and proposed to her that he loved her and wanted to marry her and forcibly committed sexual intercourse with her. On her shouting, respondent gagged her mouth and intimidated to kill her in case of shouting. The matter was reported to the Police by the prosecutrix on 4.4.08. On the basis of her report, an offence was registered against the respondent at Police Station AJK Mandla and was investigated. After due investigation, respondent was prosecuted and put to trial.