- (1.) This State appeal has been filed by the State of Rajasthan against the judgment and order dated January 18, 1990 passed by the learned Sessions Judge, Jodhpur in Sessions Case No. 163/87 by which he acquitted the accused respondent of the charges for the offence under sections 376 and 447 IPC.
(2.) Necessary facts giving rise to this appeal, in. short, are as follows : On 30.8.1987 at about 3.00 PM, P.W. 3 Smt. Kui (hereinafter referred to as the prosecutrix) lodged a written report Ex. P 3 in the Police Station, Luni District Jodhpur stating inter-alia that on 30.8.1987 in the noon she went to her field for taking fodder and further to protect the field of Bajra. It is further stated in the report that when she was standing, from her back side, accused respondent came and put her on the ground and forcibly lifted her gagra and then committed rape on her. On making hue and cry by her PW. 7 Nainaram came there and after seeing him, accused respondent ran away. It is further stated in the report that she came to her house weeping and she told the whole story to her mother-in-law P.W. 2 Smt. Chukli and thereafter, the whole incident was narrated to the Sarpanch of the Village and it was decided that report be lodged and thus, the same was lodged in that manner. On this report, police registered the case and chalked out FIR Ex. P. 4 and started investigation. After usual investigation, challan was filed against the accused respondent in the Court of Magistrate, from where the case was committed to the Court of Session. On 29.10.1987, the learned Sessions Judge, Jodhpur framed charges against the accused respondent for the offence under sections 376 and 447 IPC. The charges were read over and explained to the accused respondent, who pleaded not guilty and claimed trial. In support of its case, the prosecution examined as many as 14 witnesses and got exhibited some documents. Thereafter, statement of the accused respondent under section 313 Cr.PC. was recorded. After conclusion of trial, the learned District Judge, Jodhpur vide his judgment and order dated .18.1.1990 acquitted the accused respondent of the charges under sections 376 and 447 IPC. Aggrieved from the said judgment and order dated 18.1.1990 passed by the learned Sessions Judge, Jodhpur, this appeal has been filed by the State of Rajasthan.
(3.) In this appeal, it has been argued by the learned Public Prosecutor that the statement of the prosecutrix P.W. 3 Smt. Kui should have been believed by the learned Sessions Judge and in not placing reliance on her statement, the learned Sessions Judge has committed illegality and thus, the impugned judgment and order of the learned Sessions Judge are liable to be set aside.;