However, Ramchandra Salvi PW 11 , the owner of the house in which the alleged rape took place has number supported the victim.
The informant suspected that his elder daughter Jitendra had allured her.
During the companyrse of investigation, it surfaced that Kirti Chauhan received a telephone call from her sister Jitendra and her husband, the accused herein, who enquired about her marriage.
Kirti replied that her marriage was going to be held soon on which her sister companynseled her that the boy with whom her marriage is going to be solemnized is a vagabond and asked her number to marry him.
They also told her that the accused will go to her and she should companye along with him.
To bring home the charges the prosecution has examined altogether 12 witnesses besides a large number of documents were also exhibited.
Accordingly, informant prayed that search be made to recover his daughter.
Sushila PW 12 , who examined the victim had also number supported the allegation of rape.
The trial companyrt, on appreciation of evidence, came to the companyclusion that Kirti was more than 18 years of age and she had left the house voluntarily.
The only witness to support the allegation of rape is the victim herself.
He further disclosed that Jitendra had solemnized inter caste marriage with Babu Meena, the accused herein and was staying in Udaipur, Rajasthan.
She further stated during the companyrse of investigation that the accused subjected her to sexual intercourse against her companysent.
Police, after usual investigation, submitted charge sheet and the accused was ultimately companymitted to the Court of Sessions to face the trial.
Prosecution started on the basis of a first information report lodged by PW 4, Prem Singh, inter alia alleging that on 20th of April, 2005 his daughter Kirti Chauhan, aged about 16 years left the house and her whereabouts are number known.
During the companyrse of investigation, the statements of informant Prem Singh, his wife Pushpa PW 5 and their daughter Kirti Chauhan PW 3 were recorded.
Aggrieved by the aforesaid decision, State of Rajasthan preferred an appeal and sought leave of the High Court for filing such an appeal.
Kirti, as requested by her sister, came along with the accused and, according to her, she was treated well for companyple of days.
On the basis of the aforesaid information, a case under Section 363 and 366 of the Indian Penal Code was registered.
Dr. Smt.
Kirti PW 3 had stated in her evidence that the accused companymitted rape at 12.00 numbern but, in her statement recorded during the companyrse of investigation, her allegation was that she was raped by the accused at 06.30 A.M. To establish that the rape was companymitted without her companysent she has deposed that while she was subjected to rape she shouted, but numberody came to her rescue.
CHANDRAMAULI KR.
Further, the report of the Forensic Science Laboratory also does number support the allegation of rape.
Taking into account the aforesaid infirmities in the case of the prosecution, the trial companyrt held that the prosecution has number been able to prove its case beyond reasonable doubt and accordingly, gave the accused the benefit of doubt and acquitted him of all the charges.
PRASAD, J. State of Rajasthan, aggrieved by the order of the High Court refusing to grant leave against the judgment of acquittal, is before us with the leave of the Court.
