STATE OF MAHARASHTRA Vs. RAJABHAU SADASHIV GAIKWAD

JUDGEMENT

(1.) An order of acquittal is sought to be challenged by the State in this criminal appeal.

(2.) The respondent-accused was tried for an offence punishable under Sec.1366 of the Indian Penal Code and the learned Addl. Sessions Judge, Beed, who held the trial, found that the evidence on record was insufficient to bring home the guilt of the accused. The learned trial Judge accordingly passed an order of acquittal. The said order is dated May 9, 1979.

(3.) One Gangaram Maruti P. W. 1 was the resident of Parali-Vaij- nath and he has got in all seven daughters. The eldest one is Kondabai and the second one is Sakhubai, the prosecutrix. According to the prosecution, Sakhubai P. W. 2 was working in the Dal Mill at Parali-Vaijnath. Gangaram P. W. 1 was residing at Parali-Vaijnath along with his daughters and wife. Gangaram's wife also used to work in the Dal Mill, but, however, her services were terminated just few months prior to the date of incident, i.e., March 1, 1978.