JAMEEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 27-1-2005 passsed by a learned single Judge of the Aurangabad Bench of the Bombay High Court in Criminal Appeal No. 23 of 1991 whereby and whereunder the appeal preferred by the appellant herein against a judgment of conviction and sentence dated 16-1-1991 was dismissed.

(2.) Appellant herein is a resident of Ambedkarnagar, Nanded. He was a mechanic of two-wheelers. One Shivrani Dhondiba Kshirsagar, aged abot 6 years at that time, was also residing at House No. 14, Ambedkarnagar, Nanded. He allured the said child to ride with him on his Luna. She was taken towards Aerodrome. A search was made for her, but she could not be traced. She came back to her house weeping and crying. It has been noticed by the High Court:

(3.) A First Information Report could not be lodged immediately as night had set in. On the next day, the girl was taken to the Noor Garage where the appellant was identified as the person who had committed the mischievous act against her on the previous day. The First Information Report thereafter was lodged. The prosecutrix was medically examined by one Dr. Sheela Kadam. The medical report reads as under :