JUDGMENT

PRASANNA B.VARALE, J - The present Criminal Appeal takes an exception to the judgment and order passed by the learned IV Additional Sessions Judge, Satara, dtd. 17/4/2002, in Sessions Case No. 86/2000, whereby acquitted the Respondents herein for the offences punishable under Ss. 312, 313, 314 read with Sec. 34 and Sec. 376 of Indian Penal Code (for short "IPC "), the present Appeal is preferred by the Appellant - State of Maharashtra.

2. Respondent No. 1 original accused No. 1 - Ghanshyam @ Ganesh Bhanudas Pharande was charged for an offences punishable under Sec. 376 of IPC and was also charged for commission of offences punishable under Ss. 312, 313, 314 read with 34 of IPC along with Respondent No. 2 original accused No. 2 - Kashibai Maruti Gholap.

3. The case of prosecution unfolded through the complaint filed at the instance of Ganpat Jagannath Jamdale (PW 2). The couple Ganpat Jamdale and his wife Lata @ Kalpana were blessed with four issues i.e. Sarita, Sangita, deceased Sarika and son Sameer. The Respondent No. 1 Ghanshyam was residing near the house of Ganpat. It can be said that he was the neighbourer of Ganpat and Kalpana. It is the case of prosecution that Resp