Dismissed
The State of Mah. Thr. P.S.O., Ps. Yavatmal City v. Ashok Bapurao Thorat
Bombay HCAPPA/284/2010
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 284/2010
(State of Maharashtra .vs. Ashok Bapurao Thorad)
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Mr. S.J. Jichkar, APP for Applicant.
CORAM : A.P.LAVANDE & P.D. KODE, JJ. DATED : JULY 19, 2010
Heard Mr. Jichkar, learned APP for the applicant.
By this application, the applicant seeks leave to appeal against the judgment and order of acquittal dated 6.1.2010 acquitting the respondent for the offence punishable under Sections 376, 417 of IPC and under Section 3 (1)(xi) of S.C. & S.T. (Prevention of Atrocities) Act, 1989.
It was the case of the prosecution that prosecutrix was subjected to sexual intercourse by the respondent on the promise of marriage and the prosecutrix belongs to Scheduled Caste. According to the prosecution, the respondent refused to marry the prosecutrix after committing sexual intercourse with her for a period of almost three years. The trial Court upon appreciation of the evidence held that the prosecutrix
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who was above 18 years of age at the relevant time had sexual intercourse with the respondent from the year 2004 on several occasions and and as such the same was with her consent. The trial Court disbelieved the theory of consent being obtained by misconception of fact and consequently acquitted the respondent.
Having heard Mr. Jichkar, learned APP for the applicant and having perused the record , we are of the considered opinion that the findings recorded by the learned trial Judge are borne out from the evidence on the record. The findings recorded cannot be said to be perverse warranting interference in the appeal against acquittal. The view taken by the learned trial Judge is probable one and hence we are not inclined to entertain this application. Consequently the application and the appeal stand dismissed.
JUDGE
JUDGE
halwai
State of Maharashtra
Ashok Bapurao Thorad
A. Lavande
P.D. Kode
As recorded by the court registry
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