- (1.) THE instant State Appeal has been preferred by the State against judgment and order of acquittal dated 25.4.2014 passed by Additional Sessions Judge, Sant Kabir Nagar in Sessions Trial No.130 of 2008 arising out of Case Crime No.C -12/2004 for offences under Sections 376(g), 506, 316 IPC, police station Mahuli, District Sant Kabir Nagar.
(2.) BY the aforesaid impugned judgment and order, the trial court acquitted accused persons under the aforesaid sections of Indian Penal Code.
(3.) WE have heard learned AGA for the State and the learned counsel for the accused -respondent and perused the record as available on the file. The prosecution story, as it appears from the perusal of certified copy of the impugned judgment, that one complainant Smt. Urmila Devi wife of Ram Kishun, r/o Karanpur, police station Mahuli moved application under Section 156(3) Cr.P.C. before Additional Judicial Magistrate, Basti, wherein allegations, inter allia, were made regarding commission of rape and miscarriage of pregnancy of her daughter Mintu Devi, who is unmarried girl, aged about 15 years. It has been disclosed in the application moved by the complainant that six months ago, her daughter Mintu Devi went for 'darshan' of 'kali temple' along with accused -respondent Poonam Devi, where accused -respondents Ram Moorat and Sanju caught hold of her daughter, gagged her mouth and took her to a sugarcane field where accused -respondent Sanju committed rape on her while accused -respondent Ram Moorat caught hold of her hands. After commission of the crime, victim was threatened at gun point that, in case, the offence is disclosed to anyone, her family will not be spared. Due to aforesaid threatening, victim did not disclose anything to anyone about the incident. In the first week of May 2004, when some symptoms of pregnancy developed whereupon Pintu Devi disclosed this fact to accused -respondent Poonam Devi and Poonam Devi along with accused -respondent Sanju administered some medicine to Pintu Devi, due to which, her condition deteriorated. The complainant then took her to Mahuli where Mintu was made to abort her pregnancy. On deterioration of physical condition of Pintu Devi, she was admitted in Medical Collage, Gorakhpur. Complainant informed about the incident to the concerned police station but no action was taken. Therefore, application u/s 156(3) Cr.P.C. was filed before the court concerned. On direction of the court, the case was registered at the police station Mahuli on 8.7.2004 at 12.30 p.m. at Case Crime No. C -12/2004, under Sections 376, 506 IPC against Sanju s/o Rangilal, Ram Moorat s/o Kalpan and Poonam Devi w/o Ram Nath.;