STATE OF RAJASTHAN Vs. GANGA

JUDGEMENT

(1.) This appeal is directed against the judgment dated November 15, 1976, passed by the Additional Sessions Judge, Udaipur, by which the learned Additional Sessions Judge acquitted the accused-respondent.

(2.) Accused Ganga was tried by the learned Additional Sessions Judge, Udaipur, for the offences under Sections 302,376and 379 I.P.C. The case of the prosecution is that on September 19,1974, the accused committed rape with Mst. Ganga (aged about 16 years in her field and after committing the rape, put to death. The report of this incident was loged at police station, Saroda on September 19,1974, at about 5.45 p.m. by one Nagji. The accused was tried by the learned Additional Sessions Judge for the offences under Sections 302,376and 379 I.P.C. The prosecution, in support of its case, examined 19 witnesses. The accused, in support of his defence, produced two witnesses. The learned Additional Sessions Judge, after trial, acquitted the accused of all the charges levelled against him. It is against this judgment dated November 15,1976, passed by the learned Additional Sessions Judge, Udaipur, that the State has preferred the present appeal.

(3.) There is no eye witness to the occurrence and the prosecution case rests upon the circumstantial evidence. The circumstances, on which the reliance has been placed by the prosecution, comprise of: