STATE OF MAHARASHTRA Vs. BANDU @ DAULAT

JUDGEMENT

(1.) Leave granted. We have heard learned counsel for the parties and perused the record.

(2.) The respondent was tried and convicted under Section 376 I.P.C. by the trial court for the alleged offence of rape committed on 29th June, 2008 but has been acquitted by the High Court.

(3.) The victim is deaf and dumb and mentally challenged to some extent. Main evidence on record is of PW-1, Asha Ramratan Bangar @ Asha Panchu Dhurve, the mother of the victim. She lodged FIR on the next day i.e. 30th June, 2008 to the effect that the accused was the landlord of the house in which they were living. The victim was lured away by the accused by offering some sweet meat and was taken to the market. She did not return home and it was at 9.30 p.m. in the night that two boys brought her home. The victim explained to her mother by gesture as to what happened. On this version, FIR was registered and investigation was carried out. Medical examination of the victim confirmed the commission of rape. The age of the victim at the time of the commission of the offence was about 14 years.