STATE OF MAHARASHTRA Vs. NAMIT ALIAS CHIMU

JUDGEMENT

(1.) The State has filed the present appeal against the judgment of acquittal of respondent by the learned Sessions Judge, Chandrapur in Sessions Case No. 19/2005.

(2.) It is the case of prosecution against the respondent that respondent committed rape on the victim. Evidence of victim was corroborated by the Medical Officer, P.W. 2. Victim has stated about the incident before the Court. Learned trial Court wrongly not considered her evidence and wrongly acquitted the respondent, hence it is prayed to allow the appeal.

(3.) Perused the evidence of material witnesses. P.W. 1 Jaya was sister of prosecutrix. She has stated in her evidence that on 2-8-2005 in the afternoon at about 12.00 to 1.00 p.m., her sister/victim had gone out of the house stating that she was going to the house of her friend. She returned at about 1.00 p.m. Clothes of victim were dirty. She found dust on her clothes, therefore, asked her as to how her clothes became dirty, but victim not stated anything to her. At about 4.00 p.m., victim/her sister told her that Accused Chimu took her on the terrace of adjacent building having Quarter No. 58 and he did bad thing with her. Thereafter P.W. 1 called her father and brother and thereafter lodged the report.