SADASHIV RAMRAO HADB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred against the judgment of the Division Bench of the High Court of Bombay at Aurangabad. The appellant is a medical practitioner and he was charged by the prosecution alleging that he raped a patient who had visited his clinic for treatment. The appellant was found guilty by the Additional Sessions Court, Ambajogai, and he was sentenced to undergo imprisonment for a period of ten years and a fine of rupees five thousand and a sentence of six months' imprisonment for non-payment of fine. Aggrieved by the same, the appellant filed an appeal before the High Court and the Division Bench of the High Court confirmed the conviction and sentence.

(2.) The facts in short are as follows:

(3.) PW 11 took over the investigation; he recorded further statement of the complainant. The prosecutrix then was taken to the clinic of the appellant and there he prepared the spot panchnama. He seized the petticoat and the sari worn by the prosecutrix at the time of the incident. The complainant was sent to Ambajogai Hospital for medical examination. The appellant was arrested on the same day and he was also taken for medical examination. During the course of investigation PW 11 had also collected the samples of semen and blood of the appellant. The blood sample was sent to Hyderabad Laboratory for examination. PW 11 recorded the statement of witnesses and thereafter filed the final report.