The State of Madhya Pradesh Vs. Smt. Suman Bai - Court Judgment

SooperKanoon Citationsooperkanoon.com/1050522
CourtMadhya Pradesh High Court
Decided OnJul-02-2012
AppellantThe State of Madhya Pradesh
RespondentSmt. Suman Bai
Excerpt:
criminal appeal no.1931/2011 2.7.2012 shri r.p.tiwari, public prosecutor for the state/respondent. heard on admission. the state has moved an appeal under section 341 of cr.p.c.against the judgment dated 29.4.2011 passed by special judge under sc/st (prevention of atrocities) act, sehore in special case no.33/2009 by which application under sections 340 and 344 of cr.p.c.filed by the state was not accepted. prosecution's case, in brief, is that the prosecutrix of the case had lodged an fir on 13.4.2009 against the accused mahendra jat for offence punishable under sections 376, 506 of ipc and section 3 (1) (xii) and 3 (2) (v) of sc/st (prevention of atrocities) act. on the basis of that fir prosecution was initiated. thereafter, the prosecutrix (p.w.1) and other witnesses turned hostile. it was prayed by the state that an enquiry be done under section 340 of cr.p.c.and complaint be filed before the competent magistrate for trial of offence punishable under section 195 of ipc against the respondents. cr.a.no.1931 of 2011 -2- learned special judge in his judgment dismissed the application under section 340 and 344 of cr.p.c.after considering the submissions made by learned public prosecutor, it appears that statement given by the prosecutrix before the court were found correct by the court and therefore, by evidence given by the prosecutrix on oath, no offence punishable under section 195 of ipc was made out. it is alleged that fir was lodged by the prosecutrix, whereas she was an illiterate woman, who puts her thumb impression and therefore, it cannot be said that she was conversant to the facts mentioned in the fir and therefore, it cannot be said that she has lodged a false fir. no offence punishable under section 195 of ipc is made out against the prosecutrix for that ground also. learned special judge has rightly rejected the application under sections 340 and 344 of ipc against the prosecutrix. under such circumstances, appeal filed by the state is not acceptable. consequently, it is hereby dismissed at motion stage. (n.k.gupta) judge pushpendra,-
Judgment:

Criminal Appeal No.1931/2011 2.7.2012 Shri R.P.Tiwari, Public Prosecutor for the State/respondent.

Heard on admission.

The State has moved an appeal under section 341 of Cr.P.C.against the judgment dated 29.4.2011 passed by Special Judge under SC/ST (Prevention of Atrocities) Act, Sehore in Special case No.33/2009 by which application under sections 340 and 344 of Cr.P.C.filed by the State was not accepted.

Prosecution's case, in brief, is that the prosecutrix of the case had lodged an FIR on 13.4.2009 against the accused Mahendra Jat for offence punishable under sections 376, 506 of IPC and section 3 (1) (xii) and 3 (2) (v) of SC/ST (Prevention of Atrocities) Act.

On the basis of that FIR prosecution was initiated.

Thereafter, the prosecutrix (P.W.1) and other witnesses turned hostile.

It was prayed by the State that an enquiry be done under section 340 of Cr.P.C.and complaint be filed before the competent Magistrate for trial of offence punishable under section 195 of IPC against the respondents.

Cr.A.No.1931 of 2011 -2- Learned Special Judge in his judgment dismissed the application under section 340 and 344 of Cr.P.C.After considering the submissions made by learned Public Prosecutor, it appears that statement given by the prosecutrix before the Court were found correct by the Court and therefore, by evidence given by the prosecutrix on oath, no offence punishable under section 195 of IPC was made out.

It is alleged that FIR was lodged by the prosecutrix, whereas she was an illiterate woman, who puts her thumb impression and therefore, it cannot be said that she was conversant to the facts mentioned in the FIR and therefore, it cannot be said that she has lodged a false FIR.

No offence punishable under section 195 of IPC is made out against the prosecutrix for that ground also.

Learned Special Judge has rightly rejected the application under sections 340 and 344 of IPC against the prosecutrix.

Under such circumstances, appeal filed by the State is not acceptable.

Consequently, it is hereby dismissed at motion stage.

(N.K.GUPTA) JUDGE Pushpendra,-