1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3041 OF 2009 The State of Maharashtra through Ku.Shilawati Venkat Bhange, Age 16 years, Occu.Education, R/o Mahadevwadi, Taluka and Dist.Osmanabad .. Applicant (Original Complainant) Versus Vikas Tukaram Shivalkar and another .. Respondents (Original Accused) Shri K.G.Patil, Asstt.Public Prosecutor for applicant CORAM : P.V. HARDAS AND A.V. NIRGUDE, JJ. DATE : 3rd November 2009 PER COURT 1. This is an application by the applicant-State being aggrieved by the judgment of the Ad-hoc Additional Sessions Judge, Osmanabad dated 24.6.2009 rendered in Special Case No.8 of 2007 acquitting the respondents of the offences punishable under Section 376 (2) (g) of the Indian Penal Code and Section 3(i) (xi) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. We have perused the record and proceedings which were called for by this Court and we have also heard Shri K.G.Patil, learned A.P.P. 2 appearing on behalf of the applicant-State. According to us, this is a fit case for granting leave. Accordingly, leave is granted. Criminal Application No.3041 of 2009 is allowed. Action under Section 390 of the Cr.P.C. be taken against the respondents by the trial Court by issuing bailable warrant for Rs.10,000/- each. ( A.V. NIRGUDE, J.) ( P.V. HARDAS, J.) (vvr/3041.09criappln)