STATE OF MAHARASHTRA Vs. MAHENDRA PUNDLIK RAMTEKE

JUDGEMENT

(1.) Taking exception to respondent's acquittal of the offences punishable under sections 376, 354 and 342 of the Penal Code by the learned 2nd Additional Sessions Judge, Chandrapur, the State has appealed.

(2.) The respondent came to be prosecuted on the allegation that on 2nd february, 1990, when a 14 years' old girl came to his dispensary with some complaints, the respondent restrained her, outraged her modesty and committed rape upon her. She reported the matter to her mother whereafter she was taken to police Station. The police registered an offence and caused the victim to be medically examined. The clothes of the victim as well as the respondent were seized. The respondent was arrested and on completion of investigation, chargesheet was sent to the learned Chief Judicial Magistrate, Chandrapur.

(3.) The learned Chief Judicial Magistrate committed the case to the Court of session on finding that the accused had committed an offence triable exclusively by the Court of Session. The learned 2nd Additional Sessions Judge to whom the case was made over, charged the respondent of the offences punishable under sections 342, 354 and 376 of the Penal Code. The respondent pleaded not guilty and hence was put on trial. In its attempt to bring home the guilt of the respondent/accused, the prosecution examined four witnesses and the accused examined his wife in defence. Upon consideration of the prosecution evidence in the light of the defence raised, the learned Additional Sessions Judge held that the offences are not proved and, therefore, proceeded to acquit the respondent. Aggrieved thereby, the State has filed this appeal.