ABDUL SALIM @ SALLU Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Pending the criminal appeal No. 1179 of 2019 preferred against the judgment and order of conviction passed by the Sessions Judge, Nanded dated 03.10.2019 in Sessions Case No. 24 of 2012, convicting thereby the applicant-accused for the offence punishable under Section 376(2)(g) of I.P.C. and sentencing him to suffer R.I. for 10 years and imposing fine of Rs.5000/-, the applicant has preferred this application for suspension of substantive part of sentence and getting released on bail.

(3.) Learned counsel for the applicant submits that the victim is deaf and dumb girl and she is allegedly gang-raped by the present applicant and other juvenile accused in conflict with law. Learned counsel submits that since P.W.1 Sheela Waghmare was unable to communicate verbally, the court has recorded the evidence of victim with the assistance of P.W. 2 Rajesh Sonale (special teacher) from deaf and dumb school. Learned counsel submits that however, while recording the statement of victim, the learned Judge of the trial court has not recorded the gestures of the victim and also the interpretation made by the teacher of the said gestures. Learned counsel submits that P.W.1 the complainant Sheela Waghmare, who accompanied the victim in the police station, had admitted in her cross examination that from the gestures of the victim, she could not understand the names stated by the victim, and therefore, the police called P.W.2 Rajesh Sonale (special teacher).