(1.) The present appeal and the writ petition can be disposed of by a common order because the facts involved in them are the same and they arise out of the same judgment and order.
(2.) The respondent in Criminal Appeal No. 106 of 2006 ('the accused') was tried in the Court of Sessions Judge, Pune, in Sessions Case No. 426 of 2004 for offences punishable under Sections 302 and 376 of the Indian Penal Code ('IPC') for having raped and murdered one Sonali Vasant Deshpande by strangulating her on 27/7/04 at about 3-30 to 3-45 p.m. in Room No. 9 at Ashoka hotel at Lonavala. By judgment and order dated 28/7/2005 learned Sessions Judge acquitted the accused. Being aggrieved by the said judgment and order the State of Maharashtra has filed Criminal Appeal No. 106 of 2006. Criminal Writ Petition No. 1080 of 2007 is filed by Vasudha Vasant Deshpande under Section 482 of the Code of Criminal Procedure ('the Code') and under Articles 226 and 227 of the Constitution of India being aggrieved by the same judgment and order.
(3.) It is necessary to begin with the facts of the case.
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