GANPAT SADASHIV NADEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant questions legality and validity of his conviction in Sessions Trial No. 299 of 2007 by learned Ad hoc Additional Sessions Judge-4, Nagpur. He has been convicted and sentenced for various offences as under : <FRM>JUDGEMENT_558_BCR(CRI)1_2010Html1.htm</FRM> All substantive sentences are directed to run concurrently and benefit of set-off for the period of imprisonment already undergone was also given to the appellant-convict.

(2.) The prosecution case in nut-shell is as under : On the basis of FIR No. 34/07 at Jalalkheda Police Station, District Nagpur, the incident of rape was reported on 5.5.2007. The investigation was taken up to draw a spot panchanama (Exhibit 28). The accused was arrested on 6.5.2007 and his clothes Dhoti and full-sleeved white bengali shirt were seized. His blood sample etc. were seized. Clothes of victim were seized as also her blood sample and vaginal swab. Her age certificate (Exhibit 40) was collected. The seized material was referred to chemical analyser for expert opinion and reports were received (Exhibits 10 to 13). Upon completion of investigation, the accused was charge-sheeted before the Judicial Magistrate, First Class, Narkhed and the case was committed to the Court of Sessions on 9.8.2007.

(3.) The charge was framed on 3.11.2007 and plea was also recorded on the same day. Accused pleaded not guilty and claimed to be tried.