S.S. Shinde, J.

1. Criminal Appeal No. 117/2012 is filed by the Appellant - original accused, challenging the Judgment and Order dated 18.02.2012 passed by the Additional Sessions Judge, Dhule in Sessions Case No. 160/2010, thereby convicting the appellant for the offence punishable under section 376 r.w. Section 511 and Section 506 of Indian Penal Code and sentenced to suffer R.I. for 5 Years and to pay fine of Rs.1,000/- in default to suffer R.I. for six months and further to suffer R.I. for one Year and to pay fine of Rs.500/- in default to suffer further R.I. for three months for the offence punishable under Section 376 r.w. Section 511 and Section 506 of IPC respectively. Criminal Appeal No. 142 of 2012 is filed by the original complainant, challenging the Judgment and Order dated 18.02.2012 passed by the Additional Sessions Judge, Dhule in Sessions Case No. 160/2010, thereby acquitting the accused for the offence punishable under Section 376 of Indian Penal Code and Criminal Appeal No.540 of 2012 is filed by the Appellant – State, challenging the Judgment and order dated 18.02.2012 passed by the Additional Sessions Judge, Dhule in Sessions Case No.160/2010, thereby acquitting the accused for the offence punishable under Section 376 of Indian Penal Code.

The prosecution case as emerged from the investigation, and further from the trial Court record, in brief, is as under:

2. One Manoj Suresh Deore is employed as a Clerk in the Court of Metropolitan Magistrate, Mumbai and was residing in Government Quarter at Bandra along with his wife Sonali and 6 Year old daughter, who is the victim in this case. The accused happens to be a real father in law of Manoj Deore and resides at Sakri, District Dhule.

3. The prosecution case is that, on 20.04.2009, the marriage of son of accused namely; Kamlesh was to be performed, and therefore, Sonali and her daughter [who is hereinafter referred to as the victim] had come to the house of accused on 15.04.2009 to attend the marriage ceremony of Kamlesh. They stayed at the house of accused till 03.05.2009. During that period, it is alleged that, the accused used to take the victim in his room in the night to make her sleep with him. He used to sleep with victim and in the night hours, he used to cover her face with a sheet, remove her under garment, insert his finger in her private part, apply his semen on that part and smell of it. He used to sit on her thighs like horse riding and insert his penis in her private part. He used to threaten her not to disclose this fact to anybody, else he would hang her to the fan and kill her. This episode recurred till the victim stayed at his house. Due to such conduct of the accused, and the threats given by him she was afraid of him and had suffered tremendous mental trauma. She did not disclose this fact to anyone. On 03.05.2009, she returned along with her mother to Nashik where her father Manoj Deore owns a house. The mother of Manoj Deore was present in the house at Nashik. Due to the sexual acts committed by accused with her, and threats given by him, the victim was under the mental shock. As a result, she abruptly used to get up from the sleep with bounds of cry. Looking to this abnormal behaviour of the victim, her grand mother asked her about her abnormal behaviour, but initially the victim did not tell anything. Her grand mother taking her in to confidence repeatedly inquired with her, where upon she narrated the entire incident to her grand mother.

4. It is further the case of the prosecution that, after the victim disclosed her grand mother about the incident, her grand mother immediately contacted her son Manoj Deore, who was at Mumbai and informed him on 07.06.2009 by telephonic message. He came to his house at Nashik where he was informed by his mother about the incident in detail. He returned to Mumbai along with his mother and victim on 01.06.2009. The victim was in a frightened state and therefore, he did not insist upon her to