Hemant Vasant Raut vs State Of Maharashtra
2023 Latest Caselaw 4115 Bom

                                   1/2                    28 IA 542-23.doc


    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
              INTERIM APPLICATION NO. 542 OF 2023
                             IN
                CRIMINAL APPEAL NO. 138 OF 2023


Hemant Vasant Raut                              .. Applicant
                         Versus
The State of Maharashtra                        .. Respondent
                               ...
Mr. Rohan Hogle for the applicant/appellant.
Mr. S.R. Agarkar, APP for the State.

                            CORAM: BHARATI DANGRE, J.

DATED : 24th APRIL 2023 P.C:-

1 On hearing the learned counsel for the applicant, and on perusal of the impugned judgment dated 12/12/2022, passed by the learned Additional Sessions Judge, Nashik (POCSO Court), it is revealed that the accused stood acquitted of the offence punishable under Sections 376 (2)(l) of the Indian Penal Code and he came to be convicted for committing offence under Section 452 of Indian Penal Code.

In acquitting the accused for the offence of rape, the learned Judge has clearly observed that the version of the prosecutrix (PW-1) cannot be believed, since her evidence is not corroborated by the medical evidence. To the contrary, two

Ashish

2/2 28 IA 542-23.doc

medical experts i.e. PW-6 and PW-7 have been examined. PW-6, who examined the victim, has recorded external injuries in form of human bite injury on the chest left side over breast, being reddish in colour as well as human bite on right cheek with redness. He also noticed one abrasion on neck right side at posterior region, being reddish in colour.

The victim was also referred to PW 7, who recorded that her hymen was torn with an old scar, but there was no bleeding from the vagina and cervix or any tear or discharge present. The reason for this may be obvious that she was examined after she had a bath and changed her clothes. In any case, since it cannot be only on the ground of this observation by PW-7, the prosecutrix has been disbelieved, when the settled position of law is to the effect that, if the version of the prosecutrix inspired confidence, then the medical evidence on record must not be necessarily of the type, which could corroborate her version.

2 When I have specifically asked the learned APP Mr. Agarkar whether the appeal has been filed or even a proposal has been made to file an appeal, he seek some time. In these circumstances, so as to enable Mr. Agarkar to obtain necessary instructions, re-notify to 2/05/2023.

Interim order granted on 10/2/2023 shall remain in force till the next date of hearing.

( SMT. BHARATI DANGRE, J.)

Ashish