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2014 DIGILAW 601 (MP)

State of M. P. v. Devendra Singh

2014-05-16

B.D.RATHI, S.K.GANGELE

body2014
Judgment Heard on the question of grant of leave. 2. This petition under Section 378(3) of the Code of Criminal Procedure has been preferred by the petitioner/State seeking leave to prefer an appeal being aggrieved by the judgment of acquittal dated 23.01.2014 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Vidisha (M.P.) in SST No.131/2013. 3. Having regard to arguments put forth by the learned Public Prosecutor, entire impugned judgment and the evidence of the witnesses have been perused. 4. To prove its case, prosecution has produced as many as 12 witnesses, namely, Rani Ahirwar (PW-1), Jagannath (PW-2), Dalchand Ahirwar (PW-3), Dr. B.L. Arya (PW-4), Balkrishna Vogte (PW-5), Dr. P.C. Manjhi (PW-6), Sanjesh (PW-7), B.S. Thakur (PW-8), Tularam (PW-9), Shanu Aftab Ali (PW-10), Rakkhu Singh (PW-11), and Dr. Megha Rambhal (PW-12). 5. After appreciating the evidence of the aforesaid witnesses, learned trial court has found that the prosecutrix was a consenting party and in medical report neither external nor internal injury was found present by the doctor. FSL report was also not in support of the prosecution's case. It was also found by the learned trial court that prosecutrix was State of Madhya Pradesh Vs. Devendra Singh and another going to marry with accused/respondent No.2 Virendra Singh alias Bablu and she used to talk with him on mobile phones. 6. After taking into consideration the evidence, finding of the learned trial court and the arguments advanced by the learned Public Prosecutor, we are of the considered view that evidence produced by the prosecution was properly appreciated and on the basis of it impugned judgment was rightly passed which is well merited and no interference in it is warranted. 7. Ex consequenti, Mere fails and is hereby dismissed.