The central legal point established in the judgment is the insufficiency of evidence to prove the case against the accused persons.

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 Respondent No. 1 developed friendship with Sarika and this friendship turned in love relationship and on assurance and pretext that he will marry Sarika, Respondent No. 1 Ghanshyam sexually exploited Sarika. Respondent No. 1 Ghanshyam used to pressurize Sarika for physical relationship nearly at every weekend. The physical relationship between accused Ghanshyam and Respondent No. 2 led to pregnancy of Sarika. In the initial stage of pregnancy, Sarika had not disclosed anything about her love relationship with accused or physical intimacy to her parents.

4. When Sarika completed pregnancy of three months, she disclosed this fact to Respondent no. 1 on 23/7/1999. Then Respondent no. 1 took Sarika to Respondent No. 2. Then Respondent no. 2 resorted to a very unscientific method i.e. inserted small stick in the private part to cause termination of pregnancy of Sarika. Then Respondent No. 2 informed Sarika that after 2-3 days embryo would come out. On 23/7/1999 at about 09.00 pm Sarika suffered an abortion in a public toilet. She returned to her home. She was shivering, suffering from fever as well as stomachache. At the relevant time, brother of Ganpat, Anandrao who was residing with Ganpat, along with another lady Vijaya took Sarika at the dispensary of one Dr. Jamdade. It seems that while conducting clinical examination on the complaint of fever and stomachache Dr. Jamdade gave some medicine to Sarika.

5. As there was no positive effect of the medicines and on the contrary, as Sarika was feeling more uneasyness, Anandrao and Vijaya carried Sarika to another doctor i.e. Dr. Saigaonkar. Sarika was subjected to undergo an sonography. On the basis of report, Dr. Saigaonkar opined that the Sarika is required to undergo curatine. It is the case of prosecution that at that point of time, Sarika disclosed that she was subjected to sexual exploitation by Respondent No. 1. Ganpat and mother of Sarika Kalpana were unaware of all these incidents. On 24/7/1999, the couple worked in their field for the entire day and after finishing their dinner they slept in their house situated in the agriculture field itself. On the next day i.e. 25/7/1999 at about 06.30 am Anandrao brother of Ganpat reached the house of Ganpat and informed him that on earlier day i.e. 24/7/1999 at about 11.30 am Sarika was admitted in the hospital of Dr. Saigaonkar. By giving this information, Anandrao carried Ganpat to the dispensary of Dr. Saigaonkar on his motorcycle. The duo then reached to Dr. Saigaonkar 's dispensary at about 08.00 am. Ganpat found that saline was administered to his daughter Sarika and she was under treatment. On enquiry with Sarika, Sarika told Ganpat that she is suffering from stomachache. Thereafter, Anandrao told Ganpat that his wife informed that Sarika was carrying preg