JUDGEMENT - VISHNU SAHAI, J.:---By means of this appeal the appellant-The State of Maharashtra, has impugned the judgment and Order dated 31-8-1983 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 207 of 1983 acquitting the respondent for offences punishable under sections 366 and 376 of the Indian Penal Code.

2.Briefly stated, the prosecution case runs as under :

The prosecutrix Anita Balu Mandke (P.W. 3), aged 5 years, was a resident of Vithalnagar, Shivram Lalvani Road, Gangurchi Chawl, Mulund, Bombay-80. The respondent-Suresh Thorat was a resident of Vithalnagar Zopadpatti, Mulund, Bombay. He was known to the prosecutrix from before the incidence.

The prosecutrix had three brothers viz: Ashok, Santosh and Arvind. She had one sister Sampada. Sometimes before the incidence she started going to Balmandir School, which was near her house. Her brother Ashok also used to go to school and she had seen the said school. There is an open space around the building of Ashok's school. The prosecutrix used to play in the compound of that shcool.

On 23-2-1983 while the prosecutrix was playing near her house, the respondent took her. Thereafter, he himself took her near

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