JUDGMENT :

1. This is an appeal impugning an order and judgment dated 30-3-2002 passed by the IInd Adhoc Addl. Sessions Judge, Raigad, acquitting respondent Prashant B Gawand (accused) of the offence punishable under Section 376 (Punishment for rape) of the IPC.

2. The alleged offence of rape occurred in December 1999 / January 2000, which means it was prior to the Amendment Act 22 of 2018, which came into effect on 21-4-2018. Relevant provision for this matter in the pre Amendment Act would be Section 376(2)(i) and the same reads as under:

“376(2):- Whoever, ………..

(a) to (h) ………………………..

(i):- Commits rape on a woman when she is under sixteen years of age.

…………………………….”

3. It is the case of prosecution that prosecutrix was working as a maid in the house of accused. Sometime in the month of December 1999, accused asked prosecutrix as to whether she was having physical relations with one Shailesh Vilas Mhatre (Shailesh), to which, prosecutrix answered in the affirmative. Accused then threatened prosecutrix that he would reveal the fact of her physical relation with Shailesh to her parents. 4 or 5 days later at about 4.00 p.m., while the father of accused was sleeping in the verandha outside