State Of Maharashtra vs Ravikant Shankarappa Patil & Ors

2. Briefly stated, the prosecution case is that prosecutrix Fatima Sabin Nazir Ahmad Shaikh was studying in III year Computer engineering at Walchand Institute of Technology at Solapur and had brilliant education record. Her father was a professor. He left India for Libya in 1981 but returned to India in 1991 and started his hotel business. Her brother was also getting education at Pune. Accused No. 1 contested election from Solapur constituency and was elected Member of Parliament. Due to political activities, accused No. 1 came in close contact with the family members of the prosecutrix and also helped her family initially for the construction of their house.

3. It is further alleged that accused No. 1 developed fatal attraction for the prosecutrix. After hearing the proposal from accused No.1 for marriage with the prosecutirx, her father got annoyed with accused No.1 and asked him not to come to his house. It is alleged that with his muscle and money power, accused No. 1 started threatening the family members of the prosecutrix. On 5.5.2009, accused No. 1, under threat, took the prosecutrix and her whole family to Bombay for getting married with prosecutrix and for that purpose he also converted himself to Islam. Thereafter, Nikaah was performed on 6.5.1999 at Bombay in the presence of Kazi. In this nikaah, accused no. 1 was helped by other accused persons who were his henchmen. Even after the nikaah, accused No. 1 is alleged to have moved along with prosecutrix at various places including Khandala, Mysore and Hyderabad where according to the prosecutrix, under threat,she was raped by accused No. 1 from 9.5.1999 to 17.5.1999. In short, the case of the prosecution appears to be that it was only with the muscle and money power that the accused No. 1 forced the prosecutrix for nikaah and ravished her. The prosecutrix lodged an FIR against the accused persons on 5.6.1999.

4. In support of its case, the prosecution, in all, examined 12 witnesses including prosecutrix PW 2- Fatima Sabin Nazir Ahmad Shaikh, Kazi PW-3 Hajij Yusuf Shaikh and her mother PW8- Rashida Begum Nazir Ahmed Shaikh.

13. We have gone through the impugned judgment very carefully. We find that the impugned judgment cannot be faulted with. The findings given by the High Court are perfectly justifiable. The High Court has not erred in coming to the conclusion that the whole prosecution story was a myth. Undoubtedly, the whole matter is unfortunate. However, this is an appeal against the acquittal. The burden was on the prosecution to prove and justify its contention that the findings of the High Court were perverse and were not justifiable and in this case, the High Court has miserably failed to do justice and the findings and inferences drawn by it are not possible view or could not not have been drawn in law. The prosecution has failed to convince us.

14. Once the appeal fails against the main accused, there remains nothing against the other accused. Mr. Dube, did not seriously challenge their acquittal. The evidence also does not suggest any criminal activity on their part. The appeal against their acquittal has to necessarily fail.

15. This being the position, we are not inclined to interfere with the well-considered judgment of the High Court. The impugned judgment of the High Court, acquitting the accused persons, is confirmed. The appeals are, accordingly, dismissed.