STATE OF RAJASTHAN Vs. MAHAVEER SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order of acquittal dated 20. 7. 87 passed by the Learned Additional Sessions Judge, Bhilwara by which the learned Additional Sessions Judge acquitted the accused respondent for offence under Section 376 and 342 I. P. C.

(2.) THIS appeal arises in the following circumstances: (i) On 6. 4. 86 at about 3 a. m. P. W. 2 Ladu W/o Bheru (hereinafter referred to as the Prosecutrix) lodged a written report Ex. P/1 with the Police Station Kachhola, District Bhilwara stating that on 5. 4. 86 at about 3 p. m. when she was in the house of Sita Ram Khatik and was going some labour work of lime, the accused respondent came there and stopped her near the gate and after closing the door, caught hold of her hand and thereafter committed rape with her. After hearing her cries P. W. 3 Mst. Nandu came there and seeing her, he ran away.

(3.) DURING trial, as many as 14 witnesses have been produced on behalf of the prosecution and statement of accused respondent was recorded under Section 313 Cr. P. C. and no witness was examined in defence.