IN REFERENCE Vs. RAMESH

JUDGEMENT

(1.) THE present suo moto revision by the Court has been taken against the judgment dated 19/02/2008 passed by the First Additional Sessions Judge, Balaghat in S.T. No. 76/2007, in which, learned trial Court has acquitted the respondent for the offence punishable under Section 376 read with Section 511 of the Indian Penal Code.

(2.) THE prosecution case in brief is that on dated 16.06.2007 in village Choukhandi minor prosecutrix was at her home, her father was out for fishing and mother was out for cleaning of the clothes at village Pound, at about 5:30 p.m. respondent Ramesh entered into house of the prosecutrix and tried to commit rape on minor prosecutrix, meanwhile Moolchand father of the prosecutrix came to house and on seeing him at that point of time the respondent fled away from the spot. The prosecutrix informed entire incident to her father. It was Moolchand who informed this matter to the village Sarpanch, B.D.C. and his wife Ushabai also. Ultimately matter was reported at police station Katangi after due investigation the respondent charge -sheeted. Learned trial Court after receiving the case on transfer in his turn leveled charges for the offence punishable under Section 376 read with Section 511 of IPC against the respondent who abjured their guilt, therefore, they put for trial.

(3.) LEARNED trial Court after appreciation of prosecution witnesses acquitted the application for the above mentioned charges.