Judgment

Pinaki Chandra Ghose, J.

1. The present Criminal Appeal has been preferred against the judgment and order dated 10.07.2008 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.924 of 2006, whereby the High Court set aside the judgment of conviction and order of sentence passed by the learned Trial Court and acquitted the accused from all the charges levelled against him.

2. The facts of the present matter are that on 03.01.2003, at about 10:30 A.M. the prosecutrix was going to school along with her sister. On realizing that she had left behind her practical note book, she returned back and after taking the said note book she once again headed towards the school. When she reached near Tar Badi (wire fencing) near Hawai Patti, there was an Ambassador car standing there and as alleged, the accused respondent came out of the car, pulled the prosecutrix inside the car and forced her to smell something, as a result of which the prosecutrix became unconscious. As alleged by the prosecution, the prosecutrix was taken to some unknown place thereafter.

3. On regaining consciousness, the prosecutrix felt pain in her private parts. On the same day, she was admitted