STATE OF MAHARASHTRA Vs. RAJU ANTON ADHAV

JUDGEMENT

(1.) As State intends to impugn judgment and order passed by learned Sessions Judge, Shrirampur in Sessions Case No.16 of 2017 dtd. 24/9/2018, leave is hereby sought by way of instant application. FACTUAL MATRIX

(2.) Shrirampur police station entertained FIR lodged by victim, wherein she narrated that on 28/12/2016, in the afternoon, while she was proceeding to Saint Luce's Hospital, Shrirampur to meet and see her father-in-law, she was intercepted by two persons on a motorcycle bearing no. MH-17/7775. One of them by named Raju got down from the motorcycle, outraged her modesty and even inserted fnger in her private part, thereby committing sexual assault. On her such report, Shrirampur police registered crime bearing no. 313 of 2016 and after investigation accused persons were charge-sheeted for commission of offence under Sec. 341, 376, 354 read with Sec. 34 of Indian Penal Code (IPC).

(3.) After its committal, learned Additional Sessions Judge which was a special court, conducted trial during which prosecution examined 4 witnesses including victim and relied on documentary evidence. After Sec. 313 of Cr.P.C., both sides were heard and on appreciating the available evidence, learned Judge reached to a fnding that prosecution failed to establish that victim was wrongfully restrained, she was sexually assaulted and her modesty was outraged and thereby acquitted both accused vide judgment and order dtd. 24/9/2019. Feeling aggrieved by the above, prosecution has fled instant proceeding, thereby seeking leave to fle appeal against the same.