A.K.JOSHI, J. - (1.)By this common order being passed in M.Cr.C.No.9842/2018, another M.Cr.C. No.14765/2018 is also being decided as each application has been filed by separate applicant for grant of leave to appeal against judgment of acquittal passed by Second Additional Sessions Judge, Ashoknagar on 09.01.2018 in ST. No. 41/2014, whereby present respondent Dilip Yadav has been acquitted from the charge of Section 376 of the IPC. Petitioner of M.Cr.C. No.9842/2018 has filed application under Section 378(4) of Cr.P.C. and petitioner of another M.Cr.C. No. 14765/2018 has filed application under Section 378(3) of the Cr.P.C. for grant of leave to appeal against above mentioned judgment of acquittal.
(2.)According to prosecution's case, prosecutrix/complainant (PW-1) lodged oral report at Police Station Kotwali Ashoknagar on 16.6.2014 to the effect that about twelve years ago she was married to Yashpal Yadav and her husband Yashpal was regularly beating her after drinking liquor and therefore, she was much harassed. She delivered one son Saurabh and one daughter Shivani aged about eight years and ten years respectively from her husband Yashpal. About four years ago prosecutrix came in contact with Dilip (present respondent) who was residing at Vidisha Road and respondent Dilip told her that she is being harassed by her husband so she should leave her husband thereafter he would marry with her and would maintain complainant and her both children. Convincing with the assurance given by the respondent Dilip, complainant started residing with Dilip in Tayde Colony in a rented house and at the same time complainant and respondent Dilip performed marriage in a temple infront the idol of God, thereafter in Tayde Colony respondent kept her continuously as his wife for a period of two and a half years and he regularly cohabited with her. Thereafter, Dilip got service at Pithampur (District Dhar) and Dilip took her and both her children to Pithampur where Dilip got employment as Electrician Engineer in a factory of Pithampur and outskirt of Pithampur, Indo-Rama Colony they resided jointly in a rented house owned by Anil and during that period she told to Dilip for performing registered marriage, but Dilip replied that they have already solemnized marriage in a temple. Respondent Dilip got admission of complainant's both children in relating schools, wherein respondent shown his name as father of complainant's children. Thereafter, at Pithampur complainant several times asked Dilip for performing legal marriage, but Dilip was continuously avoiding and he continuously raped her. About one month prior to lodging of the FIR, when complainant with her both children has gone out for walking and when they returned, Dilip suddenly got disappeared. Thereafter, complainant reached to Ashoknagar and met Dilip at his house situated at Vidisha Road, Ashoknagar and asked for the reason for leaving her, then Dilip replied that now he is having no relation with complainant and in future he will not keep her and he would perform another marriage and ousted complainant from his house. Thus, Dilip continuously raped her for a period of last four years after giving her greed of marriage.
(3.)FIR (ExP-1) was registered at Police Station Ashoknagar. Complainant was sent for medical examination to District Hospital, Ashoknagar, where she was medically examined by Dr. Deepti Surana on 16.06.2014 and the lady doctor prepared slides of vaginal smear and sealed swab of prosecutrix and also sealed the clothes of prosecutrix and sent the sealed material to relating Police Station for chemical analysis and the respondent was arrested. Later-on FSL report of Regional FSL, Gwalior (ExP-13) was received. After completing the formalities of the investigation, charge sheet was filed in the Court of CJM, Ashoknagar, who committed the arisen criminal case to the Sessions Court and the relating Sessions Court transferred the case to above mentioned trial Court.