STATE OF MAHARASHTRA Vs. DAYAL KINNU MANDAL

JUDGEMENT

(1.) The State of Maharashtra takes an exception to the judgment and order passed by the Additional Sessions Judge, Mumbai in Sessions Case No.166/2004 wherein the accused (present respondents) have been acquitted of the offences punishable under section 376 of the Indian Penal Code vide judgment and order dated 17th April 2006.

(2.) Such of the facts necessary for the decision of these appeals are as follows :-

(3.) P.W.1 is the prosecutrix. She has deposed in consonance with the FIR. She has further volunteered before the Court that Hasan had warned her mother not to send her outside the hut. That, Tamanna had informed her mother about the indecent act of the accused and had also disclosed that the boys had regrets for having committed the said act. That, Tamanna had slapped her. Her mother had also thrashed her. It is admitted in the cross-examination that the place where she went to answer nature's call was not at the dumping ground but is adjacent to Rafiq Nagar and there are distinct places for ladies and gents. She has further testified that she was accompanied by her aunt. The victim could not recollect the name of the woman whom she referred as 'Khala' in the FIR, however, she has clarified that she was also accompanied by her aunt at the relevant time. It is admitted that Bihari was residing just opposite her house and she had strained relations with Bihari. That, he was indulging in theft and he used to inhale Ganja. There are material omissions and contradictions in the evidence of P.W.1. She has admitted that at the time of incident other ladies had also been to the same spot for answering nature's call.