THE STATE OF MAHARASHTRA Vs. RAMESH BABULAL REWATKAR

JUDGEMENT

(1.) By this appeal under Section 378 of Criminal Procedure Code, the Judgment apeal202.03 respondent State questions judgment dated 23.12.2012 delivered in Sessions Case No. 408/2001 by the 7th Adhoc Sessions Judge, Nagpur acquitting respondent for offence punishable under Sections 363, 366 and 376 of Indian Penal Code.

(2.) We have heard Shri M.J. Khan, learned A.P.P. for the appellant - State. Shri A.M. Gedam, learned Counsel appointed for the respondent is not available.

(3.) Learned A.P.P. submits that because of alleged failure of prosecution to prove age of victim, the trial Court has dismissed the Sessions Case and acquitted the respondent/accused. He contends that accused, a major person has lured the victim, a minor, and committed these offences. As school certificate has been produced on record and 10.05.1986 is proved as date of birth, on the date of commission of offence i.e. 31.03.2001, the victim was minor and hence, there was no question of her consent. She was hardly 15 years old at that time, therefore, offence under Section 376 of Indian Penal Code has been established. Consequently, conviction for offence under Sections 366 and 363 is also warranted. He has taken us through relevant records for this purpose.