1 Criminal Rev.Appl.No.152 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.152 OF 2011 The State of Maharashtra, Through,Police Station Officer, Osmanabad City APPLICANT VERSUS Mahesh S/o.Madhukar Pawar, Age-36 years, Nila, R/o.Samta Nagar, Osmanabad RESPONDENT Mr.S.G.Nandedkar, learned counsel for applicant/State Mr.S.S.Shinde, learned counsel for respondent. (CORAM : A.V.POTDAR, J.) DATE : 09/09/2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. Heard finally at the stage of admission. 2. This revision application is preferred against the order passed by the Additional Sessions Judge in Sessions Case No.96/2010, dated 02/05/2011, by which the respondent was discharged from the offence punishable u/s. 376 r/w 511 of the IPC and the matter was remanded back to the Court of Chief Judicial Magistrate to dispose of it in accordance with Law. 2 Criminal Rev.Appl.No.152 of 2011 3. It reveals from the papers of investigation that the victim is a small female child aged about 5 years. During the investigation, statement of the victim was recorded in question and answer form. On perusal of the same, particularly question and answers at Sr.No.1 to 5 on internal page no.2 of the statement of victim clearly demonstrate that this statement do not satisfy the ingredients of the offence u/s. 376 of the IPC, but certainly satisfy the ingredients of the offence u/s. 511 of the IPC. It appears that the learned Lower Court has taken this statement of the prosecutrix in light manner to conclude that no offence, even u/s. 511 of the IPC is prima facie established, which is an error. In view of this, the revision application is partly allowed. So far as finding of the learned Lower court that the respondent stands discharged from the offence punishable u/s. 376 of the IPC is hereby confirmed, but further order of discharging the respondent u/s. 511 of the IPC is quashed and set aside. Rule thus made absolute. 4. Respondent to appear before the learned Lower Court within 4 weeks from the date of this order. In case, respondent failed to appear before the Lower Court, Lower Court to issue bailable warrant against the respondent to secure his presence. Parties to act on the authenticated copy of this order. (A.V.POTDAR, J.) khs/SEPT.2011/cri.rev.152-11