STATE OF MAHARASHTRA Vs. MAHADEO LAHU PATIL

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 31 st October, 1998 passed by the IInd Additional Sessions Judge, Kolhapur in Sessions Case No. 196 of 1997 acquitted the Accused ­ Respondent herein for the offences punishable under Sections 302, 343 and 354 of the Indian Penal Code.

(2.) The prosecution case, in nutshell, is as under.

(3.) The incident occurred on 31st August, 1997 at about 2.00 p.m. in the house of one Tukaram Patil. On that day it was Sunday. Being holiday Kamal at about 2.00 p.m. was proceeding to the house of her friend Balabai Savekar. When She was crossing the door of the accused Mahadeo, he instantly came before her and pressed her mouth with cotton glow. He dragged her towards the house of her uncle Tukaram Patil and taken in the rear side portion of the said house. The deceased Kamal was very much frightened and told him that she is not intending to love her, and she belongs to poor family and the accused should not play any mischief with her. However, there was scuffle between them. The accused on said occasion made attempt to outrage her modesty. During the course of resistance her bangles were broken. The accused then forced her to take some tablets to be used as tranquilizer. He also poured kerosene on her clothes and set her ablaze. Nobody was there in the house. Deceased started raising shouts. On this occasion one Ankush, who is brother of deceased Kamal, aged about 12 years, was playing in front of his house along with her brother Vishnu. One Sada raised shouts