STATE OF MP Vs. GOVIND

JUDGEMENT

(1.) The State has challenged acquittal of the respondent from the charges under Section 342, 376 of IPC and 5/6 of Protection of Children from Sexual Offences Act recorded by 2nd Additional Sessions Judge/Special Court (POCSO Act), Rajgarh vide judgment dated 12/01/2019 delivered in the Sessions Trial No.509/2017.

(2.) The learned trial Court has acquitted the accused observing that the prosecutrix was tutored witness. She has made allegation under threat of her parents. Her parents have malice towards the respondent as father of the respondent got expelled the father of the prosecutrix from employment of Ramchandra Soni. Further medical evidence has not supported the contention of the petitioner and statement of the prosecutrix does not find any corroboration from the investigation. Relevant paras 15 to 20 and 23 reads thus:--

(3.) Learned Public Prosecutor could not point out any incorrectness in the appreciation of the evidence.