STATE OF MAHARASHTRA Vs. SHANKAR PANDURANG KIJBILE

JUDGEMENT

(1.) THE applicant State seeks leave under section 378 (3) of the Code of Criminal Procedure read with Rule 19 and Chapter XXVI of Bombay High Court Appellate Side Rules for preferring appeal against the judgment and order of acquittal dated 10th May, 2012 passed by the learned Additional Sessions Judge, Khed, District Ratnagiri in Sessions Case No.9 of 2009. By the said judgment and order the respondent was acquitted of the charge of commission of offences under sections 376, 452 of the Indian Penal Code.

(2.) THE said prosecution was lodged by Guhagar police station as a result of investigation of Crime No.49 of 2008 registered with said police station upon complaint Exhibit-21 lodged by victim P.W.1 on 22nd November, 2008 regarding commission of such offences by the respondent - her brother-in-law, on previous day in her house at village Kumbhawane-wadi. The trial Court after appreciation of the prosecution evidence has acquitted the respondent.

(3.) WITH the assistance of learned A.P.P. we have carefully considered notes of evidence produced as well as the judgment in question for appreciating submission canvassed.