SITA DEVI Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission. This appeal has been preferred under Section 372 of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 15.6.2012 passed by Additional Session Judge designated as Special Judge, Sidhi in Sessions Trial No. 69/2008, whereby respondent no. 2 has been acquitted of the offences punishable under Sections 376(1) and 450 of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that on 19.6.2005, at about 10 pm, when the prosecutrix was making food and her children were sleeping, respondent no. 2 Shivpati Pandey trespassed into her house and after putting off the Chimney, committed rape upon her by pressing her mouth. On hearing her shrieks, her children woke up and cried due to which, Villagers of the vicinity gathered at the spot and locked the door from outside and called her father. Thereafter, the villagers and her father called the police, who apprehended the respondent from inside her house and brought him to Police Station Semariya, where report was lodged at the instance of the prosecutrix, but due to pressure of nephew of the respondent, who is a police personnel, the report was not properly recorded and the copy thereof was also not provided to her.

(3.) Learned counsel for the appellant and learned Government Advocate, while making reference to the evidence on record, submitted that the learned trial Court has not properly appreciated the evidence on record and the impugned judgment deserves to be interfered with.