SATISH PANDURANG JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both sides.

(2.) THE order Impugned is dated 22/04/1994 which only allows the application of the respondent-State for permission to record the statement of the prosecutrix Chaitrali under sub- sec. (8) of S. 173 of the Code of Criminal Proce dure. The brief facts of the case are as under :

(3.) ON 10/09/1993, the prosecutrix Chaitrali is alleged to have been raped by the petitioner-accused. Chaitrali was admitedly about five years of age at that time. Chaitrali narrated the incident to her mother. The statement of the mother of Chaitrali was recorded. Unfortunately, however, it is stated that because of the incident, Chaitrali's mother suffered a shock and died on 1/01/1994. The petitioner-accused is on bail.