THE STATE OF MAHARASHTRA Vs. PARASHURAM VISHWANATH HULE

JUDGEMENT

(1.) By this appeal, the State is challenging the judgment and order dated 8.12.1995, passed by the learned Additional Sessions Judge, Aurangabad in Sessions Case No. 235 of 1993, thereby acquitting the respondent/accused for the offence punishable under Section 376 of the IPC. Facts projected from Police Report leading to the prosecution of the accused can be summarized as under:-

(2.) For proving the offence punishable under section 376 of IPC, the prosecution has examined in all 7 witnesses including the prosecutrix, her sister Alka Dongre, her father Vishwanath Kanade. Rest of the prosecution witnesses are either Panch Witnesses or the Investigating Officer.

(3.) After hearing the parties, the learned trial court, by the impugned judgment and order was pleased to acquit the accused by giving him benefit of doubt and by holding that prosecution has failed to prove the charge leveled against the accused.