K.L. Wadane, J.

1. The appellant has challenged the judgment and order delivered by the learned Adhoc District Judge, Nanded in Sessions Case No.123/2001 dated 27.04.2006, by which the accused persons i.e. respondent Nos.1 and 2 are acquitted from the charges punishable under section 376, 314 r/w 34 of the Indian Penal Code and under sections 3(1)(2)(5)(12) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities)Act, 1989.

2. Brief facts of the case may be stated as follows:

(1) Complainant Atmaram Sonkamble lodged complaint with Police Station Kinwat on 5th May, 2001 alleging that his sister (her name is withheld and she is referred as "victim"), aged about 15 years was taking education. Accused No.1 Shivaji developed illicit relations with the victim on false pretext of marriage and therefore she was under conception from him. As soon as Shivaji came to know about the pregnancy of the victim, he suggested her for abortion. On 19.04.2001 victim went to private hospital of Dr. Chinnawar at Kinwat i.e. Hospital of accused No.2 with her sister Varsha for treatment and abortion of her fetus. It is further alleged that at the time of admission in the Hospital, name of the victim was written as "Asha". she was admitted at about 10 a.m. and was discharged at 6.00 p.m. after abortion of the fetus. Accused No.1 borne all the medical expenses and fees of the Doctor. It is further alleged that accused No.1 has then instructed the victim not to disclose the fact to any other person.

(2) On 2nd May, 2001, the victim was suffering from stomach ache. Her urine was blocked and she was admitted in Rural Hospital at Gokunda for medical treatment. The concerned Doctor advised for shifting her to Civil Hospital, Adilabad, therefore as per the advice, the victim was taken to Civil Hospital At Adilabad. However, during the medical treatment she died on 05.05.2001 at about 5.30 a.m.

(3) On the basis of report submitted by the complainant, PSO Kinwat registered offence vide Crime No. 46/2001 under section 376, 314 read with 34 I.P.C. and under section 3(1)(5) and (12) of the S.C. and S.T. (Prevention of Atrocities )Act and handed over the investigation to Dy. S. P. Shri Tamboli.

(4) During investigation, necessary panchanamas were prepared by the investigating officer. Statements of witnesses were recorded. Postmortem of dead body of the victim was conducted. Viscera was preserved and was sent for chemical analysis. After completion of investigation, it was transpired that accused No1. committed rape on the victim and accused Nos. 1 and 2, in furtherance of their common intention, have aborted fetus of victim by accused No.2 in her Hospital at Kinwat.

(5) The Judicial Magistrate, F.C. Kinwat has committed the case to the Sessions Court for its trial. Learned Additional Sessions Judge framed the charge vide Exh.17 against Accused Nos. 1 under section 376 IPC and against accused No.1 and 2 under section 314 read with 34 IPC and u/s 3(1)(5) and (12) of the S.C. and S.T. (Prevention of Atrocities) Act and charges were read over to the accused to which they denied and claimed to be tried.

(6) In support of their case, the prosecution has examined following witnesses:

i. PW-1 Atmaram Sonkamble at Exh.44, complainant and brother of the deceased/ victim.

ii. PW-2 Dr. Salma Hirani at Exh.47 to prove contents of the Postmortem report and cause of death.

iii. PW-3 Maroti Kove at Exh.54, panch witness to spot panchanama.

iv. PW-4 Varsha Sonkamble at Exh.58, sister of the victim.

v. PW-5, Datta Kamble at Exh.59 to prove the panchanama of seizure of cloths.

vi. PW-6 Fasiullah Ubedullah at Exh.62 to prove the panchanama of seizure of register in the Hospital of accused No.2.

vii. PW-7 Nisar Ahmed Tamboli, Dy. S. P. Vardha as an investigating officer.

viii. PW-8 Bapurao Nanaji Mamidwar at Exh.69, ASI, to prove seizure of clothe.

ix. PW-9 Pradip Wamanrao Tribhuvan, P.I. who registered the offence on the report given by PW-1.

(7) Besides oral evidence of afores