JUDGMENT

Pinaki Chandra Ghose, J.

1. These appeals, by special leave, are directed against the judgment and order dated 23.07.2008, passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.11 of 2008 along with Criminal Reference No.4 of 2007, whereby the High Court allowed the criminal appeal filed by the respondent herein and acquitted him and disposed of the Criminal Reference No.4 of 2007 filed by the State of Madhya Pradesh.

2. The case of the prosecution, stated briefly, is that on 19.05.2004 at 8.30 A.M., the complainant Ram Sunder Sen lodged a report at Police Chowki Kotar stating that there was a function in his house on 18.05.2004 in which his relatives and family members had gathered. His daughter Anita, aged about 12 years, after eating meal, had gone to sleep at 7.00 P.M. in front of the main gate of his house as there was no electricity in the house then. After the function was over, at about 11.00 P.M., he and his family members also slept there. Next morning i.e. on 19.05.2004 at 6.00 A.M., the wife of Sarpanch Vansbahadur informed that the dead body of Anita was lying in Bari near the house of the Sarpanch. She was not wearing underwear and skirt