STATE OF MAHARASHTRA, THROUGH POLICE SUB-INSPECTOR, HIWARKHED POLICE STATION, DISTRICT AKOLA Vs. BALIRAM NAMDEO KASOTE, AGED ABOUT 36 YEARS, RESIDENT OF PIMPARKHED, TALUKA AKOT, DISTRICT AKOLA

JUDGEMENT

(1.) In Sessions Trial No.11 of 2006 learned Ad hoc Additional Sessions Judge, Akot acquitted the respondent/accused for an offence punishable under Sec. 376 of the Indian Penal Code vide his judgment and order dated 20.12.2006. As such, this appeal by the State against acquittal.

(2.) The prosecution case as noticed from the available record is, on 21.12005 PW1 prosecutrix while returning from the field, was caught hold by the respondent/accused in nullah (stream) and dragged her towards slope of stream and committed the offence of rape.

(3.) Learned Additional Public Prosecutor Mrs. K.H. Joshi for the appellant/State, while trying to make out the case for showing indulgence by this Court, invites attention to the evidence of PW1 victim so as to submit that learned Judge of the Court below has committed an error in believing and appreciating the evidence of said witness. According to her, upon re-appreciation of the evidence of the said victim, it is a case of conviction.