This is an oral order disposing of a criminal appeal against acquittal in a rape and cheating case. The High Court upheld the trial court's decision, finding the victim's testimony lacked corroboration and the prosecution story was inconsistent and fabricated.
Appeal dismissed; bail bond of the accused cancelled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 377 OF 1989
The State of Maharashtra ..Appellant
versus
Ravindra Pandurang Ghadage ..Respondent
Mr. P.A. Pol, APP for the Appellant - State.
Mr. A. B. Vagyani for the Respondent - Accused.
CORAM : D. G. DESHPANDE, &
SMT. NISHITA MHATRE, JJ.
DATE : 22ND MARCH, 2007.
ORAL ORDER.
1. Heard learned APP for the State and Advocate
for the Respondent - Accused.
2. Accused is acquitted by the trial court for
the offences under Section 376, 420, 506 of IPC.
Accused came to be acquitted firstly because there
is absolutely no corroboration to the testimony of
the victim. She kept silent for about nine months
after the alleged incident of rape i.e. first rape
and subsequent intercourse with the consent. She
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tried to create a story that accused has given
promise of marriage. But according to her testimony
such a promise was given after they had physical
contact number of times. This itself falsifies the
story of the prosecutrix and therefore the trial
court rightly disbelieved the complainant and
acquitted the accused. Judgment of the trial court
cannot be said to be perverse. Out of the two views
possible the view taken by the trial court is
reasonable. No interference is called for. Appeal
is dismissed. Bail bond of the accused stands
cancelled.
(SMT. NISHITA MHATRE, J.) (D.G. DESHPANDE, J.)
2 issues framed by the court
Whether the trial court's acquittal due to lack of corroboration and suspicion of fabricated story requires interference in appeal.
Whether the High Court should re-examine facts where the complaint was delayed and the story contains inconsistencies.
3 provisions across 1 enactments
The State of Maharashtra
Ravindra Pandurang Ghadage
D. G. Deshpande
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court