STATE OF RAJASTHAN Vs. MANOJ KUMAR

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This leave to appeal has been preferred against the order of acquittal of accused-respondent of charge under Sections 376, 457 IPC by Additional Sessions Judge No.1, Kishangarh Bas, Alwar vide its judgment dated 21.05.2008.

(3.) Learned trial Court, in para 10 of the impugned judgment, has discussed the entire relevant evidence including the statement of PW1 Dayawati, the prosecutrix, and Exhibit-D2, a letter written by prosecutrix Dayawati to accused Manoj Kumar. The contents of letter have also been reproduced. Learned trial Court has also observed that she (prosecutrix) was having two children of age of 4 and 8 years. After referring the entire prosecution evidence, the learned trial Court recorded a finding that it is a case of consent and not forceful sexual intercourse.