STATE OF MAHARASHTRA Vs. BALKRISHNA MAHADEO LAD

JUDGEMENT

(1.) The appellant/State of Maharashtra has preferred this appeal against the judgment and order dated 18/01/2011 passed by the learned Additional Sessions Judge, Greater Bombay in Session Case No. 267 of 2010. By the said judgment and order the learned Sessions Judge acquitted the respondent/accused of the offences under section 364, 376(2)(f) and section 302 of the Indian Penal Code. Being aggrieved by the said acquittal, the appellant/state has preferred this appeal. The prosecution case briefly stated is as under:

(2.) Charge came to be framed against the respondent under sections 364, 376(2)(f) and 302 of IPC. Respondent pleaded not guilty to the said charge and claimed to be tried. His defence is that of denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge acquitted the respondent as stated in Para 1 above, hence, this appeal.

(3.) We have heard the learned APP for the State and learned advocate for the respondent/accused. After carefully considering facts and circumstances of this case, the arguments advanced by both sides, the judgment and order passed by learned Sessions Judge and the evidence in this case, for the reasons stated herein below, we are of the opinion that there is no merit in the appeal.