STATE OF MAHARASHTRA Vs. NAMDEO MANKAR

JUDGEMENT

(1.) This appeal filed under Section 378 of the Code of Criminal Procedure, 1973, takes exception to the jdugment of acquittal dated 30th January, 2003. The respondent, who was tried for the offences punishable under Sections 323, 354, 504 and 506 of the Indian Penal Code, stands acquitted by virtue of the aforesaid judgment.

(2.) According to the prosecution, the agricultural field of one Pramilabai, the aunt of the accused, is adjoining the field of the accused. Both fields are divided by a common boundary. On 28th January, 2000, when the accused was irrigating his field, there was an altercation between the complainant and the accused with regard to drawing of water from the well. According to the prosecuton, the accused gave abuses to the complainant and caught hold of her. After felling her down, he pressed her neck and tore her blouse. On that basis, the crime came to be registered. The accused was accordingly tried for said offence and by the impugned judgment he came to be acquitted on the ground that the case of the prosecution was not duly proved.

(3.) Shri Palshikar, learned Addl. Public Prosecutor, by referring to the deposition of prosecution witnesses, submitted that the case of the prosecution had been proved beyond reasonable doubt. He submitted that the evidence of PW 1 could not have been discarded, when, in fact, she was the victim of said assault. He referred to the deposition of PW 8 and submitted that injuries sustained were due to assault by the accused. He, therefore, submitted that the learned Judge of the Sessions Court was not justified in disbelieving the case of the prosecution.