MANSINGH BABURAO GARUD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the Appellant's conviction for the offences punishable under Sections 354, 451, 509 of the Indian Penal Code and Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities )Act, 1989 and sentence to undergo R.I. for one year and to pay fine of Rs. 1000/-for offence under Section 354 of the IPC, R.I. for one year and to pay fine of Rs. 1,000/-for offence under Section 451 of IPC, R.I. for six months and to pay fine of Rs. 500/-for the offence under Section 509 of IPC, and R.I. for two years and to pay fine of Rs. 1,000/-for the offence punishable under Section 3(1)(xi) of the SC & ST (Prevention of Atrocities ) Act, 1989.

(2.) The allegation is that on 3rd November, 1992, at 2.00 p.m. applellant is alleged to have entered the house of prosecutrix and attempted to commit rape upon the prosecutrix, who was minor aged about 9 years at the relevant time. There is no allegation that the appellant committed this offence because victim belongs to the scheduled caste. After trial learned Additional Sessions Judge found that the offence punishable under Section 376 was not made out and therefore, he proceeded to convict the appellant as aforementioned.

(3.) The parties have filed application for composition of the offence under Sections 320(5) of the Criminal Procedure Code. The original complainant, who is the mother of prosecutrix and the prosecutrix herself are present with their advocate. They state that the parties want to amicably settle the matter. They have filed affidavit to this effect. Considering this the conviction of the appellant for the offence punishable under Section 354, 451 and 509 of the Indian Penal Code is set aside and the appellant is acquitted for the said offence.