STATE OF RAJASTHAN Vs. MUNSI ALIAS YONUS

JUDGEMENT

(1.) This appeal has been filed by the State of Rajasthan against the judgment and order of acquittal dated 4-7-1996 passed by the learned Addl. Sessions Judge, Churu in Sessions Case No. 45/95, by which he acquitted the accused-respondent No. 1 Munsi of the charges for the offence under Ss. 366 and 376, I.P.C. and accused-respondent No. 2 Ibrahim of the charges of the offence under Ss. 120-B and 366, I.P.C.

(2.) The facts giving rise to this appeal, in short, are as follows :-

(3.) In this appeal, it has been submitted by the learned Public Prosecutor that prosecutrix P.W. 2 Sahanaj has specifically stated in her statement that the accused-respondent No. 1-Munsi has committed rape on her with or without her consent and the accused-respondent No. 2-Ibrahim supplied the food and, therefore, the case of the prosecution should be held to be proved and reliance should be placed on the statement of the prosecutrix P.W. 2 Sahanaj. Hence, impugned order of acquittal passed by the learned Addl. Sessions Judge, Churu be set aside.