1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1593 OF 2008 The State of Maharashtra ..Applicant V/s. Ramchandra Shamrao Kadam ..Opponent Mr.Y.M.Nakhawa, A.P.P, for the State None for opponent CORAM : K.U.CHANDIWAL, J. DATE : 21ST JULY, 2008 P.C. . Heard. 2. The complainant belongs to Hindu(Mang) and accused belongs to Hindu(Maratha). It is the case of the complainant that on 16th March, 2007 in the evening at 7.15 P.M one unknown person came to her house and enquired her about her mother. Thereafter, he pressed her chests and kissed. Her shouts as “Mummy Mummy” did not yield and the said person left the place. Then she came in the courtyard. However, after some time her uncle Dilip came to whom she narrated the incident. By that time, her mother also came and she told the incident to her mother and both her sisters. But 2 did not contact police. According to the prosecution, search for the accused was made but he was not found. The incident took place on 16th March, 2007 and the FIR was lodged on 19th March, 2007. No explanation offered for delay. The panch witnesses in the matter are from Palus and they were brought by investigating officer, they could not advance prosecution case. The accused and village Sarpanch are on cross terms for so many years, it is apparent, complainant has acted for the said person to throw venom against accused. The evidence of the complainant or her mother does not inspire any confidence to believe them. The observations of the Ad-hoc District Judge-1 and Additional Sessions Judge, Sangli in acquitting the accused of the offence punishable under Section 3 (1)(xi) of Scheduled Caste and Scheduled Tribes (Prevention of Attrocities) Act and under Sections 354 and 448 of the Indian Penal Code are based on sound reasoning. Hence, Leave to appeal is rejected. (K.U.CHANDIWAL, J.) 3