- (1.)Taking exception to the acquittal of six persons sent up for trial for gang rape, the State of Maharashtra has preferred this appeal.
(2.)The facts which led to the prosecution of the Respondents are indeed pathetic. A family of labourers from Andhra Pradesh was working for Reheman Sheikh Farid at village Khapa. THE family resided in a shed in Reheman's agricultural land at Khapa. On 27-05-1992 two boys came on a motor cycle and sat for some time near a well in the field. THEy were noticed by the members of the family of the migrant labourer, Varhal Reddy, comprising of his deaf and dumb daughter Vrundavati, aged 20 years and wife Tulsamma. THE two boys who had come in the afternoon visited the field again around midnight. THE electricity supply to the shed was disconnected. THE boys were accompanied by five others. Varhal Reddy, victim's father, was tied up and Tulsamma was restrained from moving by one of the boys. Others then committed rape upon Vrundavati. All of them left after the heinous act.
Next morning the victim and her parents informed their master. On finding that two of the seven miscreants were Dadarao and Bhimrao, Raheman called them at his residence and asked Varhal, his wife Tulsamma and daughter Vrundavati to identify them. The victim and her parents identified the boys. Then on the next day a report was given at Police Station, Khaperkheda, whereupon an offence was registered and investigation commenced.

The police caused the victim to be medically examined. They also seized the clothes which victim was wearing. Panchanama of the spot was also drawn up. The accused persons were arrested. The Police caused them to be medically examined. A test identification parade was held. On completion of the investigation charge-sheet was sent to the learned Judicial Magistrate First Class, Saoner who committed the case to the Court of Sessions at Nagpur.

(3.)The learned Additional Sessions Judge to whom the case was assigned charged the six accused persons, who were sent up for trial, of the offences punishable under Sections 341, 324, 452 read with Section34 and 376 (2) (g) of the Indian Penal Code. All the accused pleaded not guilty and hence, were put on trial. In its attempt to bring home the guilt of the accused the prosecution examined in all ten witnesses. THE defence taken by the accused was that of denial if involvement in the unfortunate incident. Upon consideration of the evidence tendered in the light of arguments advanced, the learned Additional Sessions Judge held that the prosecution had failed to prove complicity of the accused in the offences allegedly committed. He therefore, proceeded to acquit all of them of all the offences with which they were charged. Aggrieved thereby the State has appealed.
We have heard the learned Additional Public Prosecutor for the State and learned Adv. Thakur for the respondents/original accused.