STATE OF MAHARASHTRA Vs. DILIP AATMARAM AUTI

JUDGEMENT

(1.) THIS is an appeal preferred by the State of Maharashtra against the judgment and order dated 31-5-1983, passed by the learned Extra Additional Sessions Judge, Ahmednagar, in Sessions Case No. 46 of 1983, whereby the accused has been acquitted of offence charged under Sections 354 and 307 of the Indian Penal Code.

(2.) THE respondent/accused (hereinafter referred to as, "the accused") was charged for having committed offence punishable under Sections 354 and 307 of the Indian Penal Code on the allegations that on 21-3-1983 at about 10. 30 p. m. in the night at the Vasti in the field known as, "umbaracha Mala" situated at village Malunja Bk. Shivar, Taluka Shrirampur, District Ahmednagar, assaulted or used criminal force to Miss. Rajani daughter of Sukhdeo Badakh a woman intending to outrage her knowing it to be likely that he would thereby outrage the modesty of said Miss. Rajani by such assault or criminal force. Charge under Section 307 of the Indian Penal Code was framed on the allegation that in the course of same transaction the accused inflicted injury by means of knife on the chest of aforesaid Miss. Rajani and made an attempt to commit her murder.

(3.) FACTS which are not disputed may be briefly stated as under. Prosecutrix Rajani is the daughter of one Sukhdeo Badakh. Sukhdeo Badakh was residing at the hut of one Jagannath Yadav Badakh for about 5 years prior to the incident. Sukhdeo Badakh was residing with his wife, 3 sons and daughter Rajani. Adjoining to the hut of Sukhdeo, there is a hut of the accused. Witness Damodhar Jagdhane (PW 3), Dadasaheb (PW 4) and Damodhar Badakh (PW 14) are the neighbours of Sukhdeo. Raghunath Badakh (PW 15) is the police patil. Damodhar Jagdhane (PW 3) is the husband of Parvatibai (PW 12 ). Chandrakalabai (PW 13) is the mother of the prosecutrix.