STATE OF MAHARASHTRA Vs. HANUMANT VITHOBA BANGAR

JUDGEMENT

(1.) This leave application arises out of judgment and order of acquittal passed by learned Additional Sessions Judge, Beed dtd. 4/11/2019, thereby acquitting respondent from charges punishable under Sec. 376(2)(L), 323 and 504 of Indian Penal Code (IPC).

(2.) Learned APP in support of relief of leave strenuously submitted that here is a case of sexual assault and rape on a differently abled victim who was both deaf and dumb. That, accused respondent had taken disadvantage of her such condition and had forcible sexual relations with her. It is pointed out that, in the light of natural disabilities, evidence of victim was got recorded by taking services of expert interpreter, during which the occurrence has clearly been unfolded. That, prosecution had examined medical experts who had occasion to examine victim. It is vehemently submitted that victim was impregnated and during advance pregnancy, the incident came to the light. Mother of the victim has taken her to the hospital and pregnancy was detected. That, DNA profle on examination, confrmed accused to be biological father. Thus, it is submitted that with such quality of evidence on record, prosecution had successfully brought occurrence of the offence. However, it is submitted that, learned trial Judge reached to a patently erroneous fnding that evidence of victim does not inspire confdence and that the said act was with consent of the victim. Thus, it is submitted that there is apparent illegality and perversity in acquitting the accused in serious offence and so there being a strong case in appeal, he prays for leave to prefer appeal.

(3.) After hearing learned APP, with his able assistance, we have gone through the oral and documentary evidence adduced before the trial Judge. It is seen that, PW1 brother unfortunately has not supported prosecution. PW2 Mahesh seems to be the interpreter, who claimed to have acquired M.A. Psychology qualifcation and he further claims to have completed special D.Ed. for mentally retarded person. Prosecution seems to have extracted his services in recording evidence of victim in the court. The interpretation is obviously on the basis of signs and gestures; PW3 evidence of interpreter himself; PW4 father of victim; PW5 Amol panch to panchanama; PW6 Dr. Babasaheb, medical expert; PW7 Kalyan carried of DNA sample to Forensic Science Laboratories, Kalina. PW8 Dr. Rajshree, PW9 Dr. Nuzhat, PW10 Dr. Pushpa also medical experts, who have conducted medical examination of victim; tendered MLC papers and date of birth of new born; extracted sample for DNA of the baby, respectively. PW11 Neha Chemical Analyzer; PW12 Dr. Santosh, Radiologist; PW13 Ajay, staff of Snehalaya, PW14 Tanaji, Investigating Offcer.