IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( MAIN ) NO. 254 OF 2010 STATE, THROUGH P.I, PERNEM POLICE STATION ... Applicant Versus SHRI. KALIDAS ANANT KASKAR ... Respondent Shri C. A. Ferreira, Public Prosecutor for the Applicant. Coram:- N. A. BRITTO, J. Date:- 15th December, 2010 P.C.:- Heard Shri C. A. Ferreira, learned Public Prosecutor appearing on behalf of the Applicant. The State seeks leave to appeal against the acquittal of the accused under Sections 376, 506(II) I.P.C. by Judgment dated 29-5-2010. The State had prosecuted the accused with the allegation that seven months prior to 7-4-2006 at Dhaktebag, Keri, Pernem, the accused committed rape on the victim girl aged 34 years who was deaf and dumb and threatened her to cut her neck in case she disclosed the fact of rape to anyone. The said rape resulted in her pregnancy. The defence of the accused was that he had intercourse with the said victim with her consent. The accused had also stated that the victim girl was in love with him and was calling him to her house frequently and used to give him food and he had sexual intercourse with her on many occasions, with her consent and that the case was filed by the victim's brother to extract money from him. The prosecution had examined as many as nineteen witnesses to support its case including the Investigation Officer and had also produced DNA report which had opined that the accused was the biological father of the child named Jivan Pednekar. The learned Additional Sessions Judge has taken note of various circumstances appearing in the evidence of the prosecution which would justify her conclusion that the sexual intercourse had taken place with the consent of the said victim and the same have been noted by the learned Additional Sessions Judge in the Judgment. To come to the conclusion that the victim was not mentally retarded, the learned Sessions Judge has referred to the evidence of PW8/Dr. Mary D'Souza who had opined that the IQ of the victim was 80 and as such she could understand the consequences of day to day happenings and could take care of day to day routine work and could look after herself. She had also opined that the victim was aware of the consequences of her own actions and that as it ought to have been because the victim girl was residing all alone by herself in their ancestral house while her brother was residing separately. The learned Additional Sessions Judge also referred to the evidence of PW12/Amrut Pednekar and observed that the victim was selling coconuts by going from house to house and some times people used to come to her house for purchasing coconuts. It is also observed that although the victim was deaf and dumb she was a person who could take case of herself and knew the consequences of her case. The learned Sessions Judge has also taken note of the omissions and contradictions in relation to the statement of the victim which was recorded by PW18/Anyssia Viegas and these omissions have been noted in para 3(a) to (i) wherein she had stated that she was not scared and was happy that she had bath happily when the accused was watching her, that she used to like the accused and smile at him and be happy when the accused would come, etc. The complaint itself was filed by the brother after a period of seven months possibly when her pregnancy became very obvious. There are other circumstances taken note of by the learned Additional Sessions Judge and they are enumerated in para 5(a) to (d). Considering the said evidence produced by the prosecution, and the admissions made by the victim girl, it is obvious that the accused had sexual intercourse with her not against her will but with her consent and that was a reason of silence for about seven months from her as well as from her brother who otherwise used to visit her often. The acquittal of the accused therefore cannot be faulted. This is not a fit case to grant leave to appeal. Application dismissed. N. A. BRITTO, J. RD.