ANANTRAM @ MORU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 376 read with Section 511 of Indian Penal Code and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The victim was 6 years old at the time of incident and she belongs to Scheduled Caste. The appellant had allegedly attempted to commit rape on her in his agricultural field. There were three child witnesses present at the time of incident. Their statements were recorded during the course of investigation. Victim was sent for medical examination. Appellant was also sent for medical examination. The seized articles were sent for chemical analysis. After receipt of the report of Forensic Science Laboratory, charge-sheet was filed against the appellant for the offence punishable under Section 376 of Indian Penal Code and Section 3(1) (xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) The prosecution had examined 9 witnesses in support of its case. The appellant was examined under Section 313 of Cr.P.C by the learned trial Judge. At the conclusion of trial, the appellant was convicted for the offence punishable under Section 376 read with Section 511 of Indian Penal Code and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) During the course of hearing of the appeal, this court was shocked to note that none of the prosecution witnesses were cross examined by the learned counsel for the appellant. It will be apt to reproduce the cross-examination of the victim who was the star witness. The said cross examination runs as under;