STATE OF MAHARASHTRA Vs. ABDUL HAFIZ FAROKI

JUDGEMENT

(1.) These appeals are filed by the State of Maharashtra against the common judgment of the High Court of Bombay whereby it acquitted the accused who were convicted by the trial Court for the offences punishable under Sections 120-B, 376, 342 and 506, I.P.C.

(2.) The trial Court believed the evidence of PW1, Rukmani and PW 2, Kesarbai and held that all the 8 accused including the one who had died during the pendency of the trial, had boarded the train leaving Pulgaon Railway Station for Wardha at 9.55 p.m., got into the compartment in which PW 1 and PW 2 were sitting and after the train left the Station they committed rape on PW 2, Kesarbai. The trial Court also believed the evidence of Kesarbai that A-1 had pushed her out of the running train when it was about 1/2 k.m. away from Wardha and then she was taken to the nearby hillock where again A-1 and A-2 committed rape on her.

(3.) The High Court on re-appreciation of the evidence of PW 1 and PW 2 held that, apart from the inconsistencies to be found in their evidence, the version given by them was highly improbable. The High Court also held that in all probability Kesarbai had willingly gone along with A-1 and A-2. The High Court, therefore, acquitted all the 7 accused. The State of Maharashtra has, therefore, filed this appeal against their acquittal. During the pendency of these appeals, respondent Arun (A-6) died and, therefore, appeal against him has abated.