SANTOSH DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notice was given to the learned Public Prosecutor, who has accepted the same.

(2.) Heard, Perused the impugned Judgment dated 14-3-199 1 passed by the learned Sessions Judge, Pali, whereby he acquitted the accused petitioner-Santosh Das for the offences under Sections 342, 376 and 366 I.P.C. and co-accused persons Vitendra Singh, Hakam Singh, Surendra Singh and Durga Bharti for the offences under Sections 342 and 376 I.P.C. by giving them benefit of doubt.

(3.) Briefly stated the prosecution case is that when the Complainant Smt. Santosh was standing at Beawar Bus Stand on 16-9-1986 at about 10 p.m. in the night, one Santoshdas r/o Sabra persuaded, threatened and took her forcibly to Sabra on a Vicky. Thereafter, she was subjected to rape by Santoshdas and one more person and she was detained in a house situated outside the village. The trial of the accused persons including the petitioner was conducted by the learned Sessions Judge, who has acquitted the petitioner and other accused persons while giving them benefit of doubt as the prosecution has failed to prove its case and all the witnesses turned hostile. Even the prosecutrix Mst. Prema Santosh did not appear before the Trial Court.