GARG, J. - (1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order of acquittal dated 20. 7. 87 passed by the Learned Additional Sessions Judge, Bhilwara by which the learned Additional Sessions Judge acquitted the accused respondent for offence under Section 376 and 342 I. P. C.
(2.) THIS appeal arises in the following circumstances: (i) On 6. 4. 86 at about 3 a. m. P. W. 2 Ladu W/o Bheru (hereinafter referred to as the Prosecutrix) lodged a written report Ex. P/1 with the Police Station Kachhola, District Bhilwara stating that on 5. 4. 86 at about 3 p. m. when she was in the house of Sita Ram Khatik and was going some labour work of lime, the accused respondent came there and stopped her near the gate and after closing the door, caught hold of her hand and thereafter committed rape with her. After hearing her cries P. W. 3 Mst. Nandu came there and seeing her, he ran away. On this report police chalking out regular FIR Ex. P/1 and started investigation. During investigation, the accused respondent was got arrested through Fard Ex. P/3 on 8. 8. 86 and medical examination of the prosecutrix was got conducted and her medical examination report is Ex. P/14. After investigation challan was filed by the police against the accused respondent in the Court of Magistrate, from the where it was committed to the Court of Sessions Judge, Bhilwara, from where it was transferred to the court of Additional Sessions Judge, Bhilwara. On 26. 9. 86 the charges for offence under Sections 376 and 342 I. P. C. were framed against the accused respondent who pleaded not guilty and claimed trial.
(3.) DURING trial, as many as 14 witnesses have been produced on behalf of the prosecution and statement of accused respondent was recorded under Section 313 Cr. P. C. and no witness was examined in defence. After conclusion of the trial, the learned trial Judge acquitted the accused respondent for offence under Sections 376 and 342 I. P. C. through his judgment and order dated 20. 7. 87 inter alia holding : (i) That what was done by the accused appellant was with the tacit consent of P. W. 2 Ladu. (ii) Further more in coming to the conclusion that there was consent of the prosecutrix in having sex with the accused respondents, the learned Additional Sessions Judge has assigned so many reasons at page 5 of the judgment and he has also placed reliance on Ex. D/1,an affidavit dated 22. 5. 86 submitted by PW. 2 Ladu herself. Aggrieved from the said judgment and order of acquittal dated 20. 7. 87 this appeal has been filed by the State of Rajasthan. ;