GANESH MURAIYYA LODELLIWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been directed against the judgment and order dated 7th December, 2007 delivered by learned 2nd Ad-hoc Additional Sessions Judge, Gadchiroli in Sessions Case No.49/2001 convicting the appellant (hereinafter referred to as the 'accused' ) for offence punishable under Section 376 read with Section 511 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for a period of two years.

(2.) The factual matrix of the prosecution case can be narrated as under :

(3.) The offence came to be registered on the basis of the report lodged by the victim. The accused was arrested on the same day. The victim as well as the accused were referred for medical examination. The clothes of the accused as well as that of the victim were seized vide seizure panchnama (Exh.42). Seized articles were sent to the CA office for its examination. The spot panchnama (Exh.39) was drawn on the same day, so also the mobile set of the accused was seized. The statements of the witnesses were recorded. After completion of due investigation, charge-sheet was submitted in the court of learrned JMFC Aheri. The case was committed to the Court of Sessions at Gadchiroli. The learned Sessions Judge after recording the evidence and hearing both sides convicted the accused, as aforesaid. Earlier the charge was framed for offence punishable u/s.376 IPC; however the accused was convicted for offence punishable under section 376 read with section 511 of the IPC.