THE STATE OF MAHARASHTRA Vs. MAHADEO ABHIMANYU @ ABHIMAN GAIKWAD
LAWS(BOM)-2017-10-33
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on October 31,2017

THE STATE OF MAHARASHTRA Appellant
VERSUS
Mahadeo Abhimanyu @ Abhiman Gaikwad Respondents

JUDGEMENT

T.V.NALAWADE,J. - (1.) The appeal is filed against judgment and order of Sessions Case No. 186/2000, which was pending in the Court of 2nd Additional Sessions Judge, Osmanabad. The respondent is acquitted of the offences punishable under section 376 and 326 of Indian Penal Code (' IPC ' for short). Heard the learned APP.
(2.) The prosecutrix was aged about 65 years at the relevant time and she was resident of slum area of Andur. In the past, one Muslim lady by name Banu was living in the hut of prosecutrix on rent basis, as a tenant. It is the case of State that accused used to visit the house of said Muslim lady and due to that, prosecutrix had asked the said lady to vacate the premises. Prosecutrix was suffering from leprosy and she was living by begging in village. It is the case of State that the accused was angry with the prosecutrix as prosecutrix had evicted aforesaid Muslim lady from her place.
(3.) The incident in question took place on 18.2.2000 at about 9.00 p.m. It is the case of prosecution that accused entered the hut and by using force, he took sexual intercourse with the prosecutrix. Prosecutrix raised hue and cry, but nobody could hear it as the floor mills in the vicinity of the house of the prosecutrix were creating such noise that nobody could hear her hue and cry. After having sexual intercourse, accused inflicted injury on private part of the prosecutrix by using knife to express his anger against her. Prosecutrix went to Naldurg Police Station and gave report against the accused on the same day. The crime came to be registered at C.R. No. 28/2000 for aforesaid offences at 13.20 hours of 19.2.2000. Prosecutrix was referred for medical examination and she was medically examined. One C.L.W. was found on her private part.;


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