Madhya Pradesh High Court
The State Of Madhya Pradesh vs Raju Judgement Given By: Hon'Ble Shri ... on 25 September, 2013
Miscellaneous Criminal Case No.8914/2013
25.9.2013
Shri S.S. Bisen, Government Advocate, for the State/applicant.
Heard on admission.
This application for grant of leave to appeal has been filed by
the State against the acquittal of respondent of the charges under
sections 363, 366, 376(2) and 506 Part II of the Indian Penal Code and section 6 of Protection of Children from Sexual Offences, 2012.
The case of prosecution was that the respondent first kidnapped the prosecutrix, allegedly a minor, and thereafter sexually exploited her. During the trial the prosecutrix, however, stated that she had gone willingly with the respondent and stayed with him for almost two months. The prosecutrix has not even alleged that the respondent committed any wrong with her. On the medical examination of prosecutrix, she was found habitual to sexual intercourse. The ossification test also indicates that she was aged between 15 to 16 years.
The trial court, after appreciating the evidence on record, acquitted the respondent on the ground that the prosecutrix was major and a consenting party.
We have perused the impugned judgment and record and we too find that the trial court has rightly appreciated the evidence. The learned Government Advocate could not point out any illegality in the impugned judgment.
The application for grant of leave to appeal is, therefore, dismissed summarily.
(AJIT SINGH) (B. D. RATHI) JUDGE JUDGE ps