Case Note & Summary
The State of Maharashtra, through Satara City Police Station, filed an application under Section 378(3) of the Criminal Procedure Code seeking leave to appeal against the judgment and order dated 3rd January 2014 passed by the Additional Sessions Judge, Satara in Sessions Case No.27 of 2013, which acquitted the respondent, Akshay @ Akash Arun Bhandare, of charges under Sections 363, 366, 376, 323 and 506 of the Indian Penal Code. The prosecution case was that in September 2012, the victim, a 14-year-old student, was threatened with a knife by the respondent, who knew her, and compelled to accompany him to Ajinkya Tara Fort, where he raped her in the bushes and assaulted her with a wooden log. The victim returned home at 7 p.m., disclosed the incident to her mother, and a complaint was lodged. The respondent was arrested, a knife was seized, and a charge-sheet was filed. The trial court acquitted the respondent, finding material contradictions and lack of corroboration in the prosecution evidence. The High Court, after hearing the Additional Public Prosecutor, held that the trial court's findings were not perverse and that the prosecution had failed to prove its case beyond reasonable doubt. Consequently, the application for leave to appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Procedure Code - Leave to Appeal - Section 378(3) CrPC - Acquittal - The State sought leave to appeal against acquittal of the accused for offences under Sections 363, 366, 376, 323, 506 IPC. The High Court held that the trial court's findings were not perverse and the prosecution failed to prove guilt beyond reasonable doubt. Leave to appeal was refused. (Paras 1-4) B) Indian Penal Code - Rape - Sections 363, 366, 376, 323, 506 IPC - Acquittal - The victim alleged kidnapping and rape by the accused. The trial court acquitted due to contradictions in evidence and lack of corroboration. The High Court found no ground to interfere, as the prosecution did not establish the case beyond reasonable doubt. (Paras 2-4)
Issue of Consideration
Whether the State should be granted leave to appeal against the acquittal of the respondent under Sections 363, 366, 376, 323 and 506 of the Indian Penal Code.
Final Decision
The application for leave to appeal is dismissed. The acquittal of the respondent is upheld.
Law Points
- Section 378(3) CrPC
- Leave to Appeal
- Acquittal
- Rape
- Indian Penal Code Sections 363
- 366
- 376
- 323
- 506
- Standard of Proof
- Reasonable Doubt
