1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1680 OF 2010 The State of Maharashtra Through Police Station, Killari, Taluka Ausa, Dist. Latur APPLICANT VERSUS Sanjay Babruwan Kovale, Age-42 years, Occu-Agriculture, R/o.Haregaon, Taluka : Ausa, Dist. Latur RESPONDENT Mr.D.R.Kale, learned A.P.P. for State. Mr.A.M.Hajare h/f. Mr.A.B.Kale, learned counsel for respondent. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 23/08/2010 ORAL ORDER : (Per A.V.POTDAR, J.) 1. By the present application u/s.378(1)(b) of The Cr.P.C., State/ Prosecution seeks leave to prefer an appeal against judgment and order of acquittal, passed by the Ad-hoc Additional Sessions Judge-2, Latur in Sessions Case No.70/2008, by which the respondent was acquitted for the punishable u/s. 376, 506 of The IPC. 2. We have heard learned A.P.P. for State followed by the submissions of learned counsel for respondent/accused. 2 3. It appears that on the complaint of one Urmila Ram Kakade, the mother of the victim, the offence was registered vide CR No. 39/2008 u/s. 376, 504, 506 of The IPC against the respondent/accused in Killari Police Station wherein it is stated that the complainant was residing in the house of one Sheshrao Narsing Mane. On 24/04/2008, she had been to the hospital for medical treatment. At that time, her minor daughter Guddi alias Latika and son Suraj were only present at home. In the late afternoon, the respondent had been to her house. He offered some money to her son to purchase some choclates from the shop. At that time, her minor daughter Guddi alias Latika remain alone in the house. Respondent asked her to bring some water. Respondent and victim Latika were acquainted with each other, as they were residing in the same vicinity. When the minor child went inside to bring water, respondent bolted the door from inside, thereafter, when the minor child came with water, the respondent sexually ravished her. In the evening at about 7.00 p.m., when the complainant returned back, her daughter opened the door. She was weeping at that time. At that time, respondent also came outside the house, and went away by wearing his pant. Then the minor child narrated the incident to the complainant/her mother. Thereafter, complainant approached her brothers by name Laxman and Phulchand who are also residing in the same vicinity. They advised her to report the incident in the police station in the morning, as it was too late. In the morning, the incident was reported to Killari Police Station. Accordingly, an offence was registered vide CR No.39/2008. Victim was referred for 3 medical examination. Then the respondent was put under arrest on the basis of that complaint and was also referred for medical examination. During the investigation, statement of the victim was recorded u/s. 164 of The Cr.P.C. by J.M.F.C. Ausa. After completion of investigation, charge sheet was filed in the Court of J.M.F.C. Ausa for the alleged offence. Then the case was committed to the Court of Sessions. After framing of charge, the prosecution, in all examined 5 witnesses including the complainant Urmila, her brother Phulchand, victim Latika, Medical Officer Sangita Vir and the Investigation Officer Ravindra Bansode. During trial, defence of the respondent was of total denial. The Ad-hoc Additional Sessions Judge, 2 Latur has decided the sessions case in accordance with law vide judgment and order dated 11/01/2010, and acquitted the respondent from all the charges lavelled against him u/s. 235(1) of The Cr.P.C. Hence the State has approached this Court seeking leave to appeal against acquittal u/s. 378(1)(b) of The Cr.P.C. 4. With the assistance of learned APP for State and learned counsel for respondent, we have perused the impugned judgment and order passed by the learned Ad-hoc Additional Sessions Judge-2, Latur in Sessions Case No.70/2008. Also perused the record and proceedings received from the Trial Court. For the reasons recorded in para no.11, 12 wherein the learned Court has discussed the evidence of P.W.No.1 and P.W.No.3, as well as evidence of the Medical Officer. In para no.15, he has discussed the evidence of P.W.No.4 Santiga Vir, the Medical Officer, who examined the victim on 4 25/04/2008 in the hospital at Latur, as the victim was referred from Killari Police Station. While examination, she has noted no marks of violence on the person of the minor child and particularly no evidence of alleged sexual assault was noticed by her, and accordingly she has issued the certificate. It also appears that clothes on the person of the victim were sent for chemical examination during the investigation, of which report is at Exh.50/1 to Exh.50/4. It is observed by the Chemical Analyser that no blood stains or semen was detected on the inner garments of the victim. It is observed by the Trial Court that immediately after the incident was narrated by the victim to her mother i.e. complainant, she has not examined the private parts of the minor child which appears to be un-natural. Considering the medical evidence as well as the evidence of the complainant, it is concluded by the learned Trial Court that the evidence laid by the prosecution is not sufficient to held accused guilty of the offence punishable u/s. 376, 506 of The IPC. Thus, we do not find any perversity in the reasoning recorded by the learned Lower Court while acquitting respondent from all the charges lavelled against him, and hence require no interference at the hands of this Court. Consequently, this criminal applications fails, and is dismissed accordingly. leave refused. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2010/cri.appl.1680-10