- (1.)Heard on admission.
(2.)By the present application, the State has sought for grant of leave to appeal against the judgment dated 31.8.2013 passed by the 6th Additional Sessions Judge, Sagar in ST No.106/2012 whereby the respondents were acquitted from the charge of offence punishable under Sections 302/34, 201 of IPC.
(3.)The prosecution case, in short, is that on 28.10.2011 at about 6:30 PM Kadori (PW- 18) had lodged a missing report that on 27.10.2011 at about 3:00 PM her daughter Durga Bai aged about 12 years went to sell soybean but she did not come back. On 31.10.2011 Kshamadhar (PW-3) the village Kotwar has intimated that a dead body was lying near the field of Surendra Choudhary in village Ratona (Police Station Motinagar District Sagar). The dead body was identified to be of Durga Bai daughter of complainant Kadori. On investigation, it was found that the respondents kidnapped the prosecutrix and committed rape upon her. After killing her dead body was thrown in the field. On the memo under Section 27 of the Evidence Act given by the respondents, undergarments of the deceased-prosecutrix were recovered.