FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS CR.APPLN/858/2010 STATE V/S PANDURANG 1. Heard Shri Godbharale, learned APP for the applicant. 2. Respondent was tried and acquitted for the offences under sections 376 and 506-II of Indian Penal Code so also Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“Atrocities Act”) in Special Case No.3 of 2002 by the learned Ad-hoc Additional Sessions Judge, Nanded on 11.12.2009. State has challenged this judgment and order of acquittal. 2. Though served, respondent has not appeared before this Court. 3. Perused the record and proceedings. 4. The learned trial Judge has recorded reasons for acquittal of the respondent under section 3(1)(xii) of the Atrocities Act. With the assistance of the learned APP we have the documents and caste certificate which is produced on record so also the oral evidence adduced by the prosecution. In our opinion, having considered the material brought on record and provisions laid down under section 3(1)(xii) of the Atrocities Act, the judgment of the trial Court cannot be faulted with. We, therefore, dismiss the appeal to the extent of challenge to the acquittal of the respondent for the offence under section 3(1)(xii) of the FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS Atrocities Act. 5. Learned APP has pointed out the material brought on record against the respondent for the offences punishable under Sections 376 and 506- II of Indian Penal Code. We have gone through the findings of the learned trial Judge recorded in paragraph Nos.12 to 14. 6. Having considered the material on record and in view of the submissions of learned APP, appeal stands admitted against the respondent only for the offences under sections 376 and 506-II of Indian Penal Code. Hearing expedited. Action under section 390 of Code of Criminal Procedure is directed against the respondent. Principal District and Sessions Judge, Nanded shall ensure presence of the respondent once in a quarter, commencing from July 2010. Respondent be released on furnishing PR bond of Rs.15,000/- with one surety in like amount. (S.S.SHINDE, J.) (S.B.DESHMUKH, J.) Dt.10.6.2010 akl