STATE OF MAHARASHTRA Vs. RAJENDRA NIVRUTTI BUTTE

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment and order of acquittal dated 28th November 2005 passed in Sessions Case No.304 of 2005 by the 3rd Ad-hoc Additional Sessions Judge, Pune for the offences punishable under Section 376(2)(g) of the Indian Penal Code (IPC).

(2.) The factual matrix of the case is that the informant's daughter (victim) aged 16 years is mentally retarded and looks after cattle and helps in agricultural works. Two days prior to the lodging of the report, the informant's wife Nanda told the informant that the menstruation cycle of the victim is stopped. When they confronted the victim, she revealed that fifteen days ago accused Rajendra Nivrutti Butte (A-1) and Ashok Tukaram Butte (A-2) on the pretext of offering her bhel committed sexual intercourse with her. The informant later on contacted his elder brother namely Nandu Butte and after arrival of his brother and sister-in-law, he lodged the report against the accused.

(3.) On the basis of the report of the informant, Crime No.2 of 2005 for the offence punishable under Section 376(2)(g) of the IPC came to be registered with Police Station Manchar