STATE OF MAHARASHTRA Vs. GUPTA DASHRATH TODOSE

JUDGEMENT

(1.) By this appeal the appellant takes exception to judgment and order dated 8th September, 2008 passed by Additional Ad-hoc Sessions Judge, Bhandara acquitting the respondent of the offence punishable under Section 376(2)(f) of the Indian Penal Code.

(2.) The respondent was charged for the offence punishable under Section 376(2)(f) of the Indian Penal Code for committing rape on minor girl aged 10 years on 13.2.2006.

(3.) In the course of trial the prosecution examined eight witnesses. According to the prosecution at the time of incident the prosecutrix was 10 years old. The victim deposed that she was 10 years old and at the relevant time she was studying in 5th Standard. Dr. Jyoti Virendra Kukde (PW-7) who had examined the prosecutrix soon after the incident, also deposed that victim was aged about 10 years. The accused/respondent did not seriously challenge the age of the prosecutrix.