(1.) The learned counsel Sri Hanumantharaya for the petitioner and the Government Advocate Sri Jadhav for the respondent submitted that the matter may be heard finally on merits. Accordingly I heard them on merits for final disposal of the case.
(2.) The material facts are:
(3.) Though the charge sheet has been filed in 1984, the only progress made by the prosecution is that it has so far examined the victim Sudhakar as P.W. 2 and the Investigation Officer as P.W. 1. As can be seen from the charge-sheet, only six witnesses have been cited. Out of six witnesses one is the victim P.W. 2 and C.W. 6 Anwar Pasha is the 1.0. It is rather disheartening to note that such a small case which has to be dealt with summarily, has taken long four years, but still is in the stage of recording evidence itself.