- (1.) HEARD learned counsel appearing for the appellant and learned counsel appearing for the State.
(2.) THIS Acquittal Appeal filed under the proviso to Section 372 of the Code of Criminal Procedure by the appellant -prosecutrix is directed against the judgment and order dated 19th April, 2014 passed in Sessions Case No. 51 of 2013 whereby and whereunder the court having found the opposite party No. 2 not guilty for the offence under Section 376 of the Indian Penal Code, acquitted the opposite party No. 2 from the charge.
(3.) THE case of the prosecution emerging out from the record is that the prosecutrix P.W. 4 was in love with the opposite party No. 2. During that course, opposite party No. 2 did promise to marry her. On that pretext, the opposite party No. 2 went on having sex with the prosecutrix P.W. 4. Subsequently whenever the prosecutrix asked the opposite party No. 2 to marry her, the opposite party No. 2 refused to accord her request on one pretext or other. Thereupon, the prosecutrix informed to her father about the said fact. A Panchayati was convened in which the opposite party No. 2 though agreed to marry the prosecutrix, but the father of the opposite party No. 2 asked to give Rupees One lac and Ten Kathas of land. On such accusation, a case was lodged, which was registered under Section 376 of the Indian Penal Code against the opposite party No. 2, who was put on trial. During trial, the prosecutrix examined herself as P.W. 4. Other than the prosecutrix, brother, father and mother of the prosecutrix were examined as P.Ws. 1, 2 and 3 respectively. The prosecutrix P.W. 4 in her evidence did testify that she as well as the opposite party No. 2 were students of same school and were knowing to each other and that she fell in love with the opposite party No. 2, who in course of time promised her to marry and under that pretext he went on having sex with her. The other witnesses repeated the same story in their evidences.;