-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPEAL NO.742 OF 2007 The State of Maharashtra : Appellant (Orig.Complainant) V/s. Sanjay Baliram Gaikwad : Respondent (Orig.Accused no.1) ... Mr.D.S.Mhaispurkar, Addl. Public Prosecutor for the State. ... CORAM : BILAL NAZKI & S.A.BOBDE,JJ. DATE : JANUARY 08, 2008. P.C. 1. This is an appeal filed by the State against acquittal of the accused by the Ad hoc Additional Sessions Judge, Solapur, in Sessions Case no.14/06, by judgement dated 31.10.2006. 2. The accused was charged with the offence punishable under sections 354 and 506 part II of the Indian Penal Code. The learned trial Court found that the prosecution was not able to substantiate the allegations levelled against the accused. The case of the prosecution was that a lady by name Savita was working as a cook in the mess of Jawahar Navodaya Vidyalaya, Pokharapur, and the accused -: 2 :- was also working in the said mess. The case of the prosecution was that the victim was staying in the mess during night of 1.3.2006 and at about 4.00 to 4.30 a.m., while she had gone to the bath-room, she felt that the electric light outside the bath-room had been switched off. The electric light inside the bath-room was also switched off two-three times and, therefore, she got frightened. She suddenly opened the door and she saw the accused entering into the bath-room and asked her to give a kiss and he also asked her to maintain sexual relationship with him. There were no witnesses other than the victim to this alleged occurrence which is alleged to have occurred between 4.00 to 4.30 a.m. inside the bath-room when the light had been switched off. The F.I.R. in this case was filed after 29 days. In the absence of any evidence other than the testimony of the prosecutrix which itself was doubtful and in view of the fact that F.I.R. had been lodged after 29 days, the trial Court was right in granting the benefit of doubt to the respondent and we do not think that this is a fit case in which the order of acquittal could be converted into an order of conviction. 3. The appeal is dismissed. (BILAL NAZKI, J.) -: 3 :- (S.A. BOBDE, J.)