THE STATE OF MAHARASHTRA Vs. ARJUN POMA CHAVAN

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 29/2000, which was pending in the Court of learned 2nd Additional Sessions Judge, Ambajogai, District Beed. The Trial Court has acquitted the respondent of the offence of rape punishable under section 376 (2) (e) of Indian Penal Code (hereinafter referred to as ' IPC ' for short). Both the sides are heard.

(2.) Initially two Judges of this Bench were divided in opinions and with their opinions the matter was laid before another Hon'ble Judge. The said another Hon'ble Judge of this Court has given opinion that the appeal deserves to be dismissed and the decision of the trial Court of acquittal cannot be interfered with. Both the Judges of this Bench considered the said opinion and they have decided to accept the opinion of the Hon'ble the third Judge and so present judgment is in accordance with the opinion given by the Hon'ble third Judge of this Court.

(3.) In short, the facts leading to the institution of present proceeding can be stated as follows :- The prosecutrix was aged about 23 years at the relevant time and she was carrying of four months. She was cohabiting with her husband at Poulpimpri Tanda, Tq. Parli, District Beed. The accused is relative of her husband and he was also resident of the same locality at the relevant time.