Madhya Pradesh High Court
The State Of Madhya Pradesh vs Vijay @ Akhatya on 11 May, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.7696/2018
(State of M.P. vs. Vijay @ Akhatya)
Indore dated :11/05/2018
Shri Sudarshan Joshi, Govt. Advocate for the applicant/State.
Heard.
ORDER
The applicant/State has filed this petition under Section 378(3) Code of Criminal Procedure, 1973 (for short 'The Code') for the grant leave to appeal against judgment dated 30/10/2017 passed by Ist Additional Sessions Judge, Khargone (East Nimar) in S.T. No. 800536/2016, whereby the respondent-Vijay @ Akhatya has been acquitted from the charge under Sections 366, 376 and 506(II) of the IPC.
2. No exhaustive statement of facts are required to be narrated for the disposal of this matter, suffice it to say that the respondent was tried for the offence punishable under Sections 366, 376 and 506(II) of the IPC.
3. Prosecutrix is a major girl. On going through her testimony, we find that the sexual act done by the respondent with her consent and she travelled with the respondent by bus and train for so many places. They lived together for a period of 1 month and during this period she has not raised any alarm against the conduct of the respondent, therefore, the trial Court has come to the conclusion that if at all act of rape has been committed from the prosecutrix then it might be consent with the applicant as she is a major girl of 19 years. Similarly the trial Court has also come to the conclusion that there is no sign of injury has been found on the body of the prosecturix. As per the statement of the Dr. Sarika Patel (PW 3), who examined the prosecutrix and on which basis this cannot be inferred that any forcible intercourse has been committed on the prosecutrix.
4. Looking to the circumstances of the case, in our considered opinion findings recorded by the trial Court does not appears to be perverse or illegal, which can be interfered by this Court. It is well settled proposition of law that if the trial Court after due appreciation of the material available on record came to the conclusion of acquittal and the findings is not perverse then normally it should not be interfered by the appellate Court.
5. Resultantly, no grounds are available to grant leave to appeal against impugned judgment of acquittal, hence, the petition is hereby dismissed.
(P.K. Jaiswal) (S. K. Awasthi)
Judge Judge
skt
Digitally signed by
Santosh Kumar Tiwari
Date: 2018.05.17
11:25:31 +05'30'