STATE OF RAJASTHAN Vs. MADAN

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal under Sec. 378(i) & (iii) Crimial P.C. against the judgment of acquittal dated 25.9.1987 passed by Adal. District & Sessions Judge, Baran, District Kota (for short 'the trial Court') passed in sessions case No. 115/85 whereby he acquitted the accused respondent for the offence under Sections 376 and 457 IPC.

(2.) Brief facts of the case are that on 11.811985 prosecutrix lodged an FIR No. 89/85 at police station Chhabara for the offence under Sec. 376 Penal Code alleging therein that on 10.8.85 at about 10:00 P.M. she was sleeping on her cot with her child in her house. The door of the house was closed and chimini was burning. Suddenly, accused Madan Lal came inside her house. He sat near her feet and put-off the chimini and tried to raise petticoat of the prosecutorix. She cried but Madan closed her mouth and committed rape upon her. Where there was discharge he left. As soon as he left, she cried and Shri Phool Chand (younger brother of her husband) and Ram Prasad came there. The accused Madan Lal ran away and he left his Dhoti and shoes there. Due to resistance she received injuries on her nose and on her hand finger and there was semen on her petticoat.

(3.) After investigation, the police submitted charge-sheet against the accused respondent for the offence under Sections 376, 457 IPC.