High Court of Judicature at Bombay dismissed the State's application challenging an acquittal in a sexual offence case. The bench found no interference needed as the medical report did not support rape charges and prosecutrix credibility was doubtful.
Application/Appeal dismissed; leave refused.
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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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2564 OF 2012
The State of Maharashtra,
Through Nardana Police Station,
Dist-Dhule.
...APPLICANT
VERSUS
1) Anil Subhash Shirsath, Age-21 years, Occu:Labour,2) Vijay Shaligram Kapure, Age-21 years, Occu:Labour,3) Pradip Subhan Shirsath, Age-25 years, Occu:Labour, All R/o-Ajande Budruk, Tq-Shindkheda, Dist-Dhule....RESPONDENTS
...
Shri.B.V. Wagh, A.P.P. for Applicant.
Shri.A.D. Mane Advocate h/f. Shri. Amol
S. Sawant Advocate for Respondent Nos. 1 to 3.
...
CORAM: K.U.CHANDIWAL AND
A.I.S. CHEEMA, JJ.
DATE : 24TH SEPTEMBER, 2013
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ORDER :
1. Heard. Acquittal recorded for offence under
Section 376(2)(g) read with Section 34 of the
Indian Penal Code and for offence under Section
354, 511 of the Indian Penal Code, by learned
Additional Sessions Judge, Dhule on 17th January,
2012 in Sessions Case No.147 of 2010, is
questioned by the State.
2.We have, with the assistance of learned
A.P.P. and learned defence counsel, gone through
the evidence of Smt. Kevalbai, prosecutrix (PW-8),
her brothers and the medical officer (PW-11). In
fact the prosecutrix was over-awed and overlapping
evidence for two incidents are quoted by her,
which has created miserable situation. Her medical
examination by PW-11, based on her grievance of
gang rape, did not establish so, she was found to
be normal. Even the medical officer did not notice
cra2564.12
3
that she could be raped. Appreciation of evidence
by the learned Judge, coupled with admission of
the prosecutrix of tutoring by her mother, does
not call for interference. Leave refused.
Application/Appeal dismissed.
asb/SEP13
2 issues framed by the court
Whether the acquittal of the respondents charges under Sections 376(2)(g), 34, 354, and 511 of the IPC recorded by the Sessions Judge should be interfered with.
Whether the medical evidence and overlap in the prosecutrix's testimony warrant a reversal of the acquittal.
2 provisions across 1 enactments
The State of Maharashtra
Anil Subhash Shirsath
Vijay Shaligram Kapure
Pradip Subhan Shirsath
K.U. Chandiwala
A.I.S. Cheema
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court