STATE OF MAHARASHTRA Vs. SHAILESH SADASHIV MOHITE

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment and order of acquittal dated 20th November 2001 passed in Sessions Case No.213 of 1994 by the Sessions Judge, Satara, for the offences punishable under Sections 376, 504, 506 of the Indian Penal Code (IPC) and Section 3(2)(xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as S.C.S.T. (Prevention of Atrocities) Act).

(2.) The factual matrix of the case is that the prosecutrix at the relevant time had just given the examination of 10th Standard. She also knows accused who resides in the same gully where the prosecutrix resides.

(3.) According to prosecution on 21st June 1984, at about 10.00 a.m., the prosecutrix along with her friend Vanita Narayan Mohite had gone to an open space for excretion. The prosecution alleges that while both of them were returning, the accused intercepted them and in the presence of said Vanita lifted the prosecutrix by gagging her mouth and made her lie on the congress grass and forcibly committed sexual intercourse. When the prosecutrix tried to raise commotion, because of the gagging of her mouth, she could not do so and after satisfying the lust, the accused fled away.