STATE OF MAHARASHTRA Vs. BHAGWAN MARUTI SANGALE

JUDGEMENT

(1.) Heard learned APP Smt.Rashmi Tendulkar for the Appellant - State and learned Appointed Advocate Shri.Prathamesh Naik for the Respondent - Accused.

(2.) The Respondent is acquitted for the offences punishable under Ss. 354, 506 of the Indian Penal Code, 1860 ("IPC") by the Court of Judicial Magistrate First Class - Palghar, District : Thane as per the judgment dtd. 10/12/2003 passed in S.C.C. No.263 of 1997. The prosecution in all examined three witnesses. They are:-

(3.) The trial Court found the evidence of the victim as untrustworthy. The trial Court commented on the conduct of the trial by prosecution. No independent witnesses were examined. The trial Court emphasized on 'one day delay' in lodging the FIR. The issue arisen in this Appeal is, "whether the trial Court was justified in discarding the evidence of the victim on account of non-corroboration and on account of delay".