1 cr-apln-5003-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 5003 OF 2010 The State of Maharashtra ..Applicant Vs. Umesh Ramchandra Nandoskar ..Respondent .... Mr. H.J.Dedhia Additional Public Prosecutor for the Applicant-State .... CORAM : D.D.SINHA AND SMT.V.K.TAHILRAMANI, JJ. DATE : NOVEMBER 25, 2010 P.C.: 1 Heard the learned Additional Public Prosecutor for the State. Criminal Appeal is questioning the validity of the judgment and order dated 16.2.2010 in Sessions Case No. 7 of 2009 passed by the learned Assistant Sessions Judge, Sindhudurg whereby the respondent- accused came to be acquitted for the offences punishable under Sections 450, 376, 506(II) of I.P.C. Considered the contentions canvassed by the learned Additional Public Prosecutor and perused the judgment of the trial Court as well as the evidence of the prosecution. It is not in dispute that though the prosecutrix specifically stated in her examination-in-chief that the accused entered the house of the 2 cr-apln-5003-10 prosecutrix at mid night and committed forcible sexual intercourse with her, however, in her cross-examination, she has categorically admitted that no sexual intercourse has taken place, because when the accused tried to have sexual intercourse, she pushed him away. This fact has not been disputed by the learned Additional Public Prosecutor. Similarly, the daughter of the prosecutrix who was very much present in the house, however, the prosecution claims that at the relevant time, she did not see the incident. It is the case of the prosecution that P.W. 4 Mayuri (one of the daughters of the prosecutrix) was awaken due to some commotion and she saw the accused and asked her mother the prosecutrix, whether the accused was the same person who was Umesh uncle. 2 Taking into consideration the overall view of the evidence adduced by the prosecution, we are of the opinion that the view taken by the trial Court is a reasonable and possible view. Criminal Appeal suffers from lack of merits. Leave refused. Appeal dismissed. [ D.D.SINHA, J.] [ SMT. V.K.TAHILRAMANI, J.]