LAWS(BOM)-2010-1-136

BALAJI ALIAS BALASAHEB Vs. STATE OF MAHARASHTRA

Decided On January 12, 2010
BALAJI @ BALASAHEB S/O. GOVIND BANDGAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This is an appeal preferred by the accused, being aggrieved by the order of conviction and sentence passed by against him by the Additional Sessions Judge. Ambajogai in Sessions Case No.66/1996 decided on 24 12 1997 whereby the accused/ appellant is convicted of the offence punishable under section 363 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.500/ . in default to suffer rigorous imprisonment for three months. The accused/ appellant is acquitted of the offence punishable under section 366 and 376 of IPC by the Additional Sessions Judge.

(2.) Brief facts, giving rise to this appeal may be stated as below :

(3.) After above said complaint was lodged, police started investigation and police went in search of Mangal and accused and at about 5 00 p.m. on same day. they found the accused and Mangal in the house of one Govind and that they were taken in to the custody and taken to the police station. On next day i.e. on 22 2 1996 the clothes of prosecutrix were attached under panchanama and she was sent for medical examination. Dr. Naina Shirsat examined her and on the report of radiologist, she opined her age which was stated as 15 + 1 year. Thereafter, other investigation was carried out. School leaving certificate of the prosecutrix was obtained. Finally the charge sheet was sent against the accused for the offences punishable under Sections 366. 376, IPC.