STATE OF MAHARASHTRA Vs. RAMESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order of acquittal passed by learned Additional Sessions Judge, Vaijapur in Special Case (POCSO) No. 21 of 2015 dtd. 15/3/2018, by which the present respondent stood acquitted from charges under POCSO Act], the State has preferred instant application thereby seeking leave to prefer appeal against the said judgment and take action under Sec. 390 of the Code of Criminal Procedure [ Cr.P.C .]. ::: Uploaded on - 10/07/2023 ::: Downloaded on - 11/07/2023 01:10:15 ::: ALS-130-2018 -2-

(2.) Learned APP for the State would point out that respondent herein was chargesheeted for commission of offence punishable under Ss. 354-D, 305 and 306 of IPC and Ss. 11 and 12 of the POCSO Act. It is pointed that victim was a minor. Accused used to follow her and sexually harass her. Getting fed up of the same, victim girl, a minor, committed suicide. That, prosecution had established that the girl was minor. There was ample evidence about continuous harassment which was of such nature that life of deceased was made miserable and she was left with no other alternative but to consume poison and end up her life. That, prosecution had adduced evidence of in all eight witnesses, including doctor. There was no other reason for deceased to commit suicide. Investigation revealed that respondent herein was solely responsible for consumption of poison by the victim. That, in spite of availability of overwhelming evidence, it is submitted that, the same has not been taken into account by learned trial Judge and even law required for attracting the charges has not been taken into consideration, resulting into acquittal. It is lastly submitted that prosecution has a very strong case in the trial court. There is failure to appreciate the evidence in its correct perspective and therefore, State intends to challenge the unwarranted acquittal and hence, he prays for leave to prefer appeal. ::: Uploaded on - 10/07/2023 ::: Downloaded on - 11/07/2023 01:10:15 ::: ALS-130-2018 -3-

(3.) We have heard learned APP at length.