1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.379/2010 [State of Maharashtra .vrs. Vedanand @ Rahul Ashokrao Bhaldar] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATE : JULY 02, 2010. Heard Mr. S.J. Jichkar, learned APP for the applicant. By this application, the applicant seeks leave to appeal against the judgment and order of acquittal dated 23.2.2010 in Special (Atrocities) Case No. 6/2008 passed by the Additional Sessions Judge and Special Judge, Achalpur, acquitting the respondent of the offences under Sections 363-A, 366 and 376 of the Indian Penal Code and under Section 3(1)(xi) & 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Having heard the learned APP for the applicant, we find that the prosecution has not been established by cogent evidence the offence under Sections 363-A and Section 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes 2 (Prevention of Atrocities) Act., however, in so far as acquittal of the respondent of the offence under sections 366 and 376 of the Indian Penal Code is concerned, the same requires consideration since according to the school record the prosecution was born on 22.6.1995 and the respondent kidnapped and had sexual intercourse with the prosecutrix on 18.2.2008. As such, prima facie, the prosecutrix was hardly aged about 12 years at the time of the incident. Therefore, leave is granted to the applicant in so far as acquittal of the respondent for the offences under Sections 366 and 376 of the Indian Penal Code are concerned. Criminal Appeal No. /2010 Heard Mr. S.J. Jichkar, learned APP for the appellant/State. Admit. Action under section 390 of Cr.P.C. to follow. The respondent be released upon executing P.R. Bond in the sum of Rs.10,000/- (Rs. Ten thousand) with one surety in the like amount to the satisfaction of the trial Court. JUDGE JUDGE Gulande