DILIP DNYANOBA GHAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Criminal Appeal is preferred by the sole accused/appellant taking exception to the judgment and order passed in Sessions Case No. 132 of 1999. The said impugned judgment and order was passed by the learned Additional Sessions Judge, Pune on 29th September, 2003. Present appellant/ accused was convicted for the offence punishable under Section 302" of Indian Penal Code and was sentenced to suffer imprisonment for life. Being aggrieved by the judgment and order of conviction, the present appeal was filed on 3rd December, 2003.

(2.) Heard the arguments of learned Advocate Mrs. Revati Mohite-Dere for the appellant and learned A.P.P. Mr. Pednekar for the State.

(3.) At the threshold it must be mentioned that the case of the prosecution is based on the testimony of the eye-witness and also on cognate circumstantial evidence. Peculiarity of the present case lies in the fact that the sole eye-witness to the incident of assault is a tender age girl by name Kajol. Said witness was then aged about 5 years, a kindergarten (Balwadi), child, and is daughter of the present appellant/accused and the victim woman. Admittedly, the entire case of prosecution revolves around the statement of said child witness (PW 3). Coupled with her ocular evidence, there are overwhelming circumstances pointing towards the guilt of the present appellant/accused.