The State of Madhya Pradesh vs Dariyao Singh

Heard on the question of admission. This miscellaneous criminal case has been filed by the State u/s 378(3) of the Code of Criminal Procedure for grant of leave to appeal against the judgment of acquittal dated 12.02.2013 passed by the Sessions Judge, Dhar in Sessions Trial No. 179/2012.

The respondent was prosecuted for offence punishable under Sections 363, 366, 376 and 506 Part-II of the Indian Penal Code. The trial Court, after recording the evidence reached to a finding that the prosecutrix was aged more than 18 years and she was living with the respondent at her own and was a consenting party.

Having gone through the judgment of the trial Court, we find that in order to prove the age of the prosecutrix, no reliable evidence was adduced by the prosecution. On the basis of the ossification report in which the age of the prosecutrix was said to be between 16 to 20 years, the trial Court held the age of the prosecutrix to be more than 18 years.

As regards the alleged offence of rape, the trial Court found that the prosecutrix left her place of residence and went to Badnawar on motorcycle with the respondent and from where she travelled with the respondent to Surat by bus. During all these periods, there were number of opportunities for the prosecutrix to call for help and inform the public, but she did not do so.

Having regard to the aforesaid evidence, in our considered view, the trial Court has committed no error in passing the judgment of acquittal.

As a result, no case is made out to grant leave to appeal. The M. Cr. C. is dismissed.