10. cr apeal 5488-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5488 OF 2010 The State of Maharashtra .. Applicant Vs Rafik @ Banti Salimer Jaman Haldar .. Respondent Ms. A.S.Pai, APP for the State CORAM : D.D. SINHA AND SMT. V.K. TAHILRAMANI, JJ DATE : 15th DECEMBER, 2010 P.C.: 1. Heard the learned Additional Public Prosecutor. 2. Criminal Appeal is directed against the judgment and order of acquittal dated 31.08.2010 whereby the respondent- original accused came to be acquitted for the offences punishable under Sections 376 and 506 of IPC. 3. Considered the contentions canvassed by the learned Additional Public Prosecutor and perused the impugned judgment. The following facts are not in dispute : That the medical certificate (Exh 20) shows that injuries were not found on private parts of the victim girl. Similarly, when the victim was taken to Doctor Parul Goel (PW 5) by the parents of the girl, the Doctor 1 10. cr apeal 5488-10.doc was not informed about the incident of rape and it is not in dispute that the bleeding injuries sustained by the girl was due to fall. 4. In view of all these admitted facts coupled with inconsistencies in the evidence of victim, the trial Court acquitted the respondent. In the circumstances, view taken by the trial Court appears to be just and proper view, hence, no interference is called for. Leave refused. Appeal is dismissed. [SMT. V.K. TAHILRAMANI, J.] [ D. D. SINHA, J ] 2 10. cr apeal 5488-10.doc 3