STATE OF MAHARASHTRA Vs. BHARAT BHIMRAO KONALE

JUDGEMENT

(1.) Present Application has been filed by the prosecution seeking leave to appeal under Sec. 378(1)(b) of the Code of Criminal Procedure challenging the acquittal of the respondent by the learned Additional Sessions Judge, Udgir in Sessions Case No.09 of 2012 of the offence punishable under Ss. 376, 506 of the Indian Penal Code, on 9/9/2019.

(2.) We have heard Mr. Ghayal, learned APP appearing for the State. With the able assistance of the learned APP, we have gone through the material which was before the learned trial Judge.

(3.) The prosecution story is that when informant was admitted in Ward No.2 at Government Hospital, Udgir on 19 th August 2011, police have recorded her statement. She disclosed that the accused was residing in front of her house. She was visiting the house of the accused. Accused used to follow her and disclose that he wants to marry her. It appears that the informant had the knowledge that the accused was intending to perform the marriage with his niece, but on that count the accused gave evasive reply. A year prior to the First Information Report (for short "the FIR"), when she had gone to answer nature's call, the accused followed her and by saying that he wants to marry with her, he had physical relations with her forcibly and then gave threat to her. Thereafter also the accused was having forcible sexual intercourse with her by giving promise to marry. She became pregnant. When informant narrated the said fact to her mother, the mother asked accused about the same and at that time accused promised that he would maintain the informant and therefore, the informant did not lodge any report. A month prior to the FIR, the accused refused to maintain the informant when she was eight months pregnant. She gave birth to the child on 19/8/2011 when she was so admitted at the Government Hospital. Upon the said statement taken by the police, offence was registered vide Crime No.104 of 2011 and the investigation was carried out.