- (1.) Heard learned Public Prosecutor. The learned trial court has acquitted the respondent of the offence under Sections 456 and 376 I.P.C. The case of the prosecution is that on the fateful day, the victim who is a married lady having two children was on her parents' house, and claims to be all alone in the house. At that time at about 11-12 in the night the door was knocked whereupon she opened, and the accused entered the house.
(2.) Then, the story is that she was held by mouth, and was made to fall down, and then accused committed intercourse, and after completing the act when he was going, then she raised a cry whereupon Amarji and Gattu etc. who were sleeping out side came and apprehended the accused. Thereafter a community Panchayat (Bhanjgera) was held but the matter was not sorted out, and therefore the report is being lodged. The incident is of 19.6.2005, and the F.I.R. is lodged on 22.6.2005.
(3.) The learned trial court has born in mind that it is not necessary that there should be some corroborative evidence, and if the evidence of the victim inspires confidence then even on her sole testimony the conviction can be recorded. With this after appreciating the statement of the victim, the learned trial court did not find it safe to rely on her evidence, inasmuch as, he has noticed that the victim is having two children aged 11 years and 8 years respectively, while the age of the husband is of 22 years. It has also been noticed that the elder son was alleged to have been from the loins of the present accused, on which there was a dispute, but then the matter was compromised.;