IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.408 OF 2009 in CRIMINAL APPEAL NO. OF 2008. The State of Maharashtra ....Applicant Versus Sharad Ramrao Pawar ....Respondent Shri. P. S. Hingorani, P.P for the State. CORAM : BILAL NAZKI & A.R.JOSHI, JJ DATED : 12TH FEBRUARY, 2009. P.C. This is a case in which accused was tried for offence under section 376 read with section 511 of the I.P.C. Ultimately, he was convicted under section 323 of the I.P.C. and sentenced to imprisonment till rising of the court. 2. Leave is sought for filing an appeal. The alleged victim was a mentally retarded person about whom her mother had contended before the court that she could not communicate anything except through the assistance of her mother. When she was examined she narrated the incident that the accused had tried to have a sexual intercourse with her, she cried -2- and her father and mother came to the spot. But, in her cross-examination she had said that whatever she had deposed was tutored to her by her mother. 3. Therefore in these circumstances, we do not find that the Trial Court was wrong in acquitting the accused. On the other hand, the accused himself had taken the defence that the victim was grazing her animals and some of her animals entered in the field of the accused and he had slapped the victim and had not committed any other offence. For this reason, the Trial Court convicted the accused under section 323 of the I.P.C. We do not feel that this is a case which calls for interference. 4. Leave rejected. Appeal dismissed. (A.R.JOSHI, J.) (BILAL NAZKI, J.)