STATE OF MAHARASHTRA Vs. ANWAR SHAMIM SHAIKH

JUDGEMENT

(1.) This Appeal against acquittal was admitted on 7th July 2014, looking to the material against Respondent original Accused in the form of evidence of his wife and daughter alleging serious offence of rape. Action was directed under Section 390 of the Code of Criminal Procedure, 1973 ("Cr.P.C." in brief), but since the Accused did not ask for bail, he was taken in judicial custody.

(2.) The case of the prosecution, in short, is as under:

(3.) We have heard the learned A.P.P. for State and learned Advocate appointed for Respondent Accused and gone through the material available on record. Learned A.P.P. submitted that evidence of the Complainant and the Victim is direct evidence against the Accused and it is unlikely that the wife and minor daughter, hardly 8-9 years old, would falsely speak against the Accused making such serious allegations. According to the learned A.P.P., the evidence of Doctor shows that if penetration is partial and does not touch hymen then hymen can remain intact. According to the learned A.P.P. even partial insertion in the private part would amount to rape and the evidence of the Complainant and Victim should not have been discarded only because the medical evidence found that the hymen of the Victim was intact.