RESHMA ASHOK JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival submissions on this application preferred by the prosecutrix defacto complainant challenging the judgment and order of acquittal of respondent No. 2/orig. accused dated 26.9.2012 passed by the Additional Sessions Judge, City Civil and Sessions Court, Borivali Division, Borivali, Mumbai. The impugned judgment and order of acquittal was passed in Sessions Case No. 127 of 2011 by which present respondent No. 2/sole accused was acquitted of the offence punishable under Section 376 and also under Section 417 of Indian Penal Code.

(2.) During the trial before the Sessions Court, six prosecution witnesses were examined. Out of them, only important witness is PW1 i. e. prosecutrix girl.

(3.) PW2 is Dr. Baban Shinde then attached to Nagpada Police Hospital as Medical Officer. He examined the prosecutrix and also respondent No. 2/accused. According to his examination, the victim girl was habituated to sexual intercourse and her age was more than 21 years. According to him, respondent No. 2/accused was potent. PW3 is one Adesh Tambe, brother of another girl with whom the marriage of respondent No. 2/accused was fixed. However, subsequently the marriage could not be materialized because of the visit of the victim girl and informing regarding love affair between the victim and respondent No. 2/accused. PWs 4, 5 & 6 are the police officers in the matter.