PREM BAI Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 28.9.2012 passed by learned Special Court, Women Atrocities and Dowry Cases, Kota in sessions case No. 29/2011 whereby accused respondent No. 2 has been acquitted of the offence under Sections 376/511 IPC.

(2.) BRIEFLY stated facts of the case are that on 16.11.2010, complainant submitted a written report to PS -Sultanpur in which it has been averred that before 5 -6 days there was a fast of 'Chauth' and she was alone at her home, and her uncle -in -law (Kaki Sasur) Ram Kalyan was also at home. One Badrilal, neighbour of complainant made a call to her husband. She heard the call and opened the door and replied that her husband is not at home. On opening the door, Badrilal caught her hagnd, carried her to 'Baadi' of her house where he started teaqsing and indecent act. She raised alarm on which Ramkalyan came there and caught Badrilal to run. On the aforesaid report, police registered the FIR No. 229/2010 for the offence under Sec. 354 IPC and after investigation filed charge -sheet against the accused for the offence under Sec. 376/511 IPC. The accused respondent pleaded not guilty and claimed to be tried. The prosecution examined as many as 9 witnesses and got exhibited certain documents. Statement of accused respondent under Sec. 313 Cr.P.C. were recorded. The trial court after hearing both the parties, acquitted the accused respondent No. 2 for offence under Sec. 376/511 IPC vide impugned order dated 28.9.2012. Against the said order, this appeal has been preferred.

(3.) LEARNED counsel for the appellant has contended that the trial Court has not appreciated the evidence in its right perspective, and has also not properly considered the statements of prosecution witnesses. It is further contended that from the oral as well as documentary evidence, it is proved that the deceased tried to commit rape with her. The prosecutrix herself has stated against the accused that he tried to commit rape with her. She has specificalloy stated in her court statements that the accused came to her house and made all call to her husband, on which she opened the door and replied that her husband is not at home. At the same time, Badrilal closed her mouth and carried her to Baadi where he tried to commit rape with her. It is also contended that the evidence of the prosecutrix has been corroborated and supported by other prosecution witnesses. Hence the order impugned dated 28.9.2012 should be set aside.