Vijay Bishnoi, J. - (1.) THESE criminal leave to appeal as well as the appeal have been preferred respectively on behalf of State and complainant -Badam Bai against the judgment dated 05.03.2014 passed by Additional Sessions Judge No. 2, Chittorgarh Camp at Begun (for short 'the trial court' hereinafter) in Sessions Case No. 26/2012, whereby the trial court has acquitted the accused -Shiv Lal for the offences punishable under sections 341, 354 and 376 IPC.
(2.) LEARNED Public Prosecutor as well as the learned counsel appearing on behalf of appellant -Badam Bai have argued that sufficient evidence is available on record against the accused -Shiv Lal to prove that he has committed offences punishable under sections 351, 354 and 376 IPC, however, the learned trial court, without appreciating the evidence as well as the material available on record, has illegally acquitted the accused -Shiv Lal for the alleged offences. Both the learned counsels have invited the attention of the Court towards the statement of PW. 1 Badam Bai, PW. 2 Nemi Chand, PW. 3 Kanhaiya Lal and PW. 4 Madhu Lal and argued that on the basis of the above named witnesses, the prosecution has proved that on 05.09.2012 in the afternoon, the accused -Shiv Lal caught hold the prosecutrix and after lifting her, forcibly took her away towards his Bara (pen) and committed sexual assault upon her. It is claimed that the prosecution has also proved that on 19.09.2012, the accused -Shiv Lal again caught hold the prosecutrix and molested her and when she raised cries, he fled away from the scene of offence. It is further contended that the trial court has disbelieved the testimony of the above named witnesses without giving any cogent reason, hence, the judgment under challenge is liable to be quashed and set aside.
(3.) HEARD learned counsel for the parties and perused the impugned order.;