1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.3122 of 2008. In Criminal Appeal No.608/08. Moreshwar Daulat Kharkar & others v The State of Maharashtra. ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri AS Fulzale, APP for the appellant. Shri RP Joshi, Advocate for R-3. Shri MG Sharan Advocate for R-1 & 2. Coram: A. H. JOSHI AND A. B. CHAUDHARI JJ. Dated: 13th JANUARY 2009. 1. This is a State appeal. 2. The accused were charged for gag rape. 3. The prosecutrix who is married was at her home and along with her children. According to her version, she has good relations with her neighbours. 4. The medical evidence does not support the 2 case of the prosecution. 5. No evidence of external injuries are found on the body of the accused persons or the prosecutrix. 6. The medical opinion states two things: (i) No opinion as to commission of rape can be given. (ii) There are no external injuries which are likely if there is a rape by four persons one after another. 7. There is no evidence of any hue and cry for seeking help when four persons had entered the house of the prosecutrix. 8. The collective and total effect of oral evidence of the prosecutrix does not inspire confidence. 9. In thee premises, the learned Sessions Judge ordered the acquittal. 10. We have perused the judgment. 11. The learned APP is not able to demonstrate 3 that any of the findings are rendered without adverting to the evidence on record. He is also not in a position to show that the medical evidence is not properly considered. 12. In this background, there is no case made out for appeal against acquittal. 13. The application has no merit. 14. The leave application is rejected. Appeal is dismissed. JUDGE JUDGE Sbm