Madhya Pradesh High Court
Rajmani Kol vs The State Of Madhya Pradesh on 29 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:33712
1 CRA-215-2015
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK KUMAR SINGH
&
HON'BLE SHRI JUSTICE AJAY KUMAR NIRANKARI
ON THE 29th OF APRIL, 2026
CRIMINAL APPEAL No. 215 of 2015
RAJMANI KOL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None for appellant/complainant.
Shri B.K. Upadhyay - Government Advocate for respondent/State
JUDGMENT
Per: Justice Ajay Kumar Nirankari
The instant appeal has been filed in the year 2015, since the date of
filing of the appeal, the learned counsel for the appellant has not chosen to
appear before this Court.
2. The instant criminal appeal has been preferred by the
appellant/complainant/father of the prosecutrix under Section 372 of Cr.P.C.
against the impugned judgment on 23.12.2014 passed by learned Special
Judge (under SC/ST Act), Rewa in Special Case No.56/2013, whereby the
respondent No.2/accused has been acquitted of the alleged offences
punishable under Sections 366, 342, 506-B, 376, 376D of IPC and Sections
3(1)(12) and 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act and respondent No.3/accused has been acquitted from the
alleged offences punishable under Sections 366, 120-B, 109, 376G of IPC
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 06-05-2026
18:26:26
NEUTRAL CITATION NO. 2026:MPHC-JBP:33712
2 CRA-215-2015
and Section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act by holding that the prosecution has failed to establish its case
beyond reasonable doubt.
3. The brief facts necessary for adjudication of the case are that on
17.08.2013, a handwritten complaint was made by the prosecutrix with the
allegation that she was 18 years old girl studying in Class-10th at Higher
Secondary School, Khatkhari. On 08.07.2013, the accused entered in her
home and committed rape with her without her consent. Under the threat of
life, she did not disclose the said incident to anyone. On 03.08.2013, when
she was not well and returning home, in the midway accused Anil Patel met
her and forcibly took her away to medically examined at Khatkhari.
Thereafter, he took away her from Rewa to Bhopal by train and on the next
day on 04.08.2013, he took her to Indore by bus and kept her in a rented
room at Jeevan Jyoti Colony, Indore. He forcibly and continuously
committed rape without her consent. With the help of local resident, she
approached to her parents. On the said complaint, FIR (Ex.P/6) was
registered against accused Anil Patel under Sections 366, 376, 506 of IPC
and Sections 3(1)(12), 3(2)(5) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act.
4. After registration of the FIR, the police authorities started the
investigation, recorded the statement of prosecutrix and her parents, spot map
was prepared and articles were seized. The prosecutrix was medically
examined, and after medical examination, slides and her undergarments were
recovered. The accused Anil Patel was arrested and medically examined, his
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 06-05-2026
18:26:26
NEUTRAL CITATION NO. 2026:MPHC-JBP:33712
3 CRA-215-2015
undergarments were also recovered and sent for chemical analysis.
5. After completion of the investigation, the police authorities filed a
charge-sheet before the JMFC, Mauganj, District Rewa against the accused
persons Anil Patel and Deepak Patel for the offences punishable under
Sections 366, 376, 506/34, 376D of IPC and Sections 3(1)(12) and 3(2)(5) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act .
6. The trial has to be conducted by Special Court, therefore, the
JMFC, Mauganj, District Rewa, after perusal of the charge-sheet, committed
the case and forwarded the same to the Special Court for trial. The said case
was registered as Special Case No.56/2013 before the Court of the Special
Judge (under SC/ST Act), Rewa, District Rewa (M.P.).
7. Learned trial Court framed the charges against the respondent
Nos.2-Anil Patel under Sections 366, 342, 506-B, 376, in the alternative
376D of IPC and Sections 3(1)(12) and 3(2)(5) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act. Charges were also framed
against respondent No.3 under Sections 366, 120(B), 109, 376D of IPC and
Section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act. The respondents refused to accept the charges and wished to
face the trial.
8. The prosecution, in order to establish its case, examined as much as
eighteen prosecution witnesses as PW-1 to PW-18, and also exhibited
documents marked as Ex.P/1 to P/24C. The accused persons/respondent
Nos.2 and 3, in their deposition recorded under Section 313 of Cr.P.C.,
stated that they are innocent persons and have not committed the alleged
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 06-05-2026
18:26:26
NEUTRAL CITATION NO. 2026:MPHC-JBP:33712
4 CRA-215-2015
offences. They have falsely been implicated in the present case on account of
previous enmity. The police authorities has taken their signatures on blank
papers and the complainant party made their statements under the influence
of police authorities. The accused persons have not chosen to examine any
defence witnesses in support of their defence. They have only exhibited the
statement of Rajmani Kaul recorded under Section 161 of Cr.P.C the
statements of the prosecutrix recorded under Sections 161 and 164 of Cr.P.C
and the statement of the mother of the prosecutrix was also recorded under
Section 161 of Cr.P.C. along with other documents marked as Ex.D-1 to
Ex.D-2.
9. Learned trial Court after appreciation of the entire oral and
documentary evidence available on record, has rightly reached to the
conclusion that the prosecutrix was a major at the time of the incident. She
has not raised any alarm while travelling from one place to another place
with accused/respondent No.2-Anil Patel by motorcycle from Rewa,
thereafter by train from Rewa to Bhopal and by bus from Bhopal to Indore.
There are material contradictions in the deposition of the prosecution
witnesses, and the story as narrated by the prosecutrix is not found
trustworthy.
10. Learned trial Court vide impugned judgment dated 23.12.2014
acquitted the accused persons/respondent Nos.2 and 3 from the alleged
charges.
11. Being aggrieved by the impugned judgment, the instant criminal
appeal has been preferred by the appellant/complainant before this Court on
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 06-05-2026
18:26:26
NEUTRAL CITATION NO. 2026:MPHC-JBP:33712
5 CRA-215-2015
the grounds mentioned in the appeal memo.
12. As per the grounds raised in the appeal memo, it is submitted that
the prosecutrix was a minor but the trial Court has wrongly treated her as a
major. It is further submitted that the allegation of rape was duly found
proved by the MLC report. It is also submitted that the trial Court without
properly appreciating the relevant material pieces of evidence, held that the
accused persons/respondent Nos.2 and 3 have not committed the alleged
offences. Thus, prays for allowing the appeal and convicting the accused
persons under the said offences.
13. Learned counsel for the State has admitted the fact that against the
said judgment of acquittal the State has not filed any appeal but he has orally
supported the grounds raised by appellant/complainant in the instant appeal.
14. We have perused the record and heard learned counsel for the
parties.
15. The prosecutrix was reported missing on 03.08.2013, and a
missing report was registered on 05.08.2013 as Missing Peron No.15/2013.
The prosecutrix was recovered on 15.08.2013 at P.S. Betma, District Indore
which is evident from the Dastyabi Panchnama (Ex.P/7). On 17.08.2013, a
written report was made, and on the basis of said complaint, the FIR was
registered. Initially, there were allegations against accused Anil Patel,
subsequently, the allegations were also made against accused Deepak Patel.
The prosecutrix was medically examined after obtaining her consent.
16. As per the MLC report (Ex.P/2), the doctor opined that there were
no external or internal injuries found on the private parts of the prosecutrix.
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 06-05-2026
18:26:26
NEUTRAL CITATION NO. 2026:MPHC-JBP:33712
6 CRA-215-2015
Her hymen was found ruptured and healed. There is no definite opinion
about recent sexual intercourse. During the course of medical examination,
slides was prepared and the undergarments of the prosecutrix were seized.
Accused/respondent No.2-Anil Patel was also arrested and medically
examined. His undergarments were also seized and the seized articles were
sent for chemical analysis. The State Judicial Science Laboratory, vide its
report dated 21.10.2013 (Ex.P/20) found that in Article ‘A’ and ‘B’ (slides
and undergarments of prosecutrix), no human sperm was found.
17. (PW-1) Bhaskardatt Mishr, who was working as a Teacher in
Govt. Higher Secondary School, Khatkhari was examined before the trial
Court with the relevant record. He admitted the fact that as per the certificate
given by him, the date of birth of the prosecutrix is 01.07.1995, which is
based on the scholar register. PW-1 was never doubted in his cross-
examination.
18. (PW-2) Dr. Swekshya Ranrautiya, who medically examined the
prosecutrix, in her deposition, stated that no internal or external injuries
found on the private parts of the prosecutrix. In medically examination, she
does not find anything in respect of recent sexual intercourse.
19. The mother and father of the prosecutrix were examined as PW-5
and PW-7 respectively. They have stated that their daughter told them that
she was sexually harassed by the accused persons. The prosecutrix, in her
deposition, stated that she travelled from Village Khatkhari to Rewa by
motorcycle, thereafter, from Rewa to Bhopal by train, and subsequently from
Bhopal to Indore by bus. She further stated that she was fully conscious and
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 06-05-2026
18:26:26
NEUTRAL CITATION NO. 2026:MPHC-JBP:33712
7 CRA-215-2015
after reaching at Indore and she was kept in a room which was locked from
outside by respondent No.2-Anil. She also stated that one day, when a
window of the room was left open, she made conversation to local resident
namely, Rekha and requested her to rescue her. The prosecution has not
chosen to examine Smt. Rekha, who rescued the prosecutrix. The age of
prosecutrix was never doubted by her parents at any stage. In the FSL report,
no human sperm was found.
20. Considering all these aspects and after appreciation of the material
available on record, the trial Court has rightly reached the conclusion that no
offence, as alleged in the charges, is made out against the respondent Nos.2
and 3/accused persons.
21. In overall discussion of the case and perusal of the record, we have
no hesitation to hold that the learned trial Court has not committed any
illegality or infirmity in acquitting the respondent Nos.2 and 3/accused
persons of the alleged offences. We have not found any substantial force in
the grounds mentioned in the appeal memo as well as arguments raised by
the learned counsel for the appellant/complainant for warranting interference
in the well-reasoned and speaking judgment passed by the learned trial
Court.
22. Accordingly, the appeal filed by the appellant sans on merit and is
hereby dismissed.
23. A typed copy of this judgment be kept in the record of the trial
Court.
24. Record of the trial Court be sent back to the trial Court for
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 06-05-2026
18:26:26
NEUTRAL CITATION NO. 2026:MPHC-JBP:33712
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information and necessary compliance.
(VIVEK KUMAR SINGH) (AJAY KUMAR NIRANKARI)
JUDGE JUDGE
NP
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 06-05-2026
18:26:26
