STATE OF MAHARASHTRA Vs. GOVIND

JUDGEMENT

(1.) Judgment and order passed by the learned II Ad-hoc Additional Sessions Judge, Latur dtd. 30/11/2004 acquitting present respondent from offence under Ss. 354, 448, 323 of the Indian Penal Code (IPC) and Sec. 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "SC and ST Act"), is taken exception to by the State.

(2.) On 15/2/2004, finding informant alone in the house, accused Govind Hari More visited the house on the pretext that he has some work with her. He tried to get physical with her resulting in the scuffle. She raised shouts resulting in arrival of sister-in-law. Accused managed to flee. Informant approached Police and gave report, on the strength of which, Police registered crime bearing no.18 of 2004 for offence under Ss. 354, 448, 323 of the IPC and under Sec. 3(1)(xi) of the SC and ST Act.

(3.) Learned APP apprised this Court about background of the occurrence dtd. 15/2/2004 that while informant was alone in the house, he pointed out that, accused came there with ill intention when husband of informant was out. He pointed out that respondent sent child of informant out of the house by paying him money for purchase of confectionary. That finding victim alone, he tried to get physical with her. That she resisted and raised shouts, her sister-inlaw immediately came, thereafter, informant approached Police and lodged report. That she had also suffered injury and so was referred for medical examination. That her testimony was inspiring confidence and her evidence remained intact inspite of extensive cross-examination. That there was no reason for false implication.