1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Appeal No.177 of 2010 [State of Mah. Vs. Hiralal Sitaram Bulle] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. C.N. Adgokar, APP for appellant. Mr. R.B. Gaikwad, Adv., for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 17th June, 2010. 1. Heard. 2. The Judgment of acquittal is based on reason which reads as follows:- “17. In this matter the charge is framed against the accused under the Atrocity Act and therefore, prosecution is expected to establish not only the caste of the prosecutrix but also the caste of accused. However, in this matter caste of the prosecutrix and the accused is not proved by the prosecution by placing on record authenticated documents. In absence of such relevant documents the evidence of the prosecutrix and her husband cannot be relied upon. 18. After giving my anxious consideration to the matter, I am of the considered view that the prosecution failed to establish beyond reasonable doubt that the accused on the relevant day 2 outraged the modesty of the prosecutrix by assaulting or using criminal force to her and that he voluntarily caused hurt to her. The prosecution also failed to establish, by adducing insufficient evidence, the offence punishable u/s 3 (1) (xi) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The accused is, therefore, entitled to be acquitted. Hence, points no.1 to 3 are answered in the negative. In the result, following order is passed.” 3. The above reason is not shown to be contrary to record. It is also not shown that any material or evidence is not considered. 4. Appeal has no merit, and is rejected. Judge |Hedau|