MOHAN LALJI TEKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE order of conviction and sentence passed by the learned IInd Additional Sessions Judge and Special Judge, Amravati in Sessions Trial No. 553/97 (old No. 189/95) is impugned in this appeal. The appellant Mohan s/o. Lalji Tekam, who was the accused in the aforesaid sessions case was convicted of the offence under section 376 of I. P. C. and was sentenced to suffer R. I. for 8 years and to pay a fine of Rs. 2,000/- or in default to suffer R. I. for 6 months more.

(2.) THE prosecution story as it is revealed from the evidence of the prosecutrix is as follows:

(3.) ON the report being lodged by prosecutrix Shobha as above, P. S. I. Pawar who was attached to Police Station Morshi, registered the crime under section 376 of I. P. C. He carried out further investigation. The prosecutrix was referred to Rural Hospital, Morshi for medical examination. However, it appears that she was examined by C. M. O. Dufferine Hospital, Amravati. As per the medical report, the prosecutrix was carrying the pregnancy of about 7 months. The accused was later on arrested. He was also medically examined. As per the medical report, the accused was able to perform the sexual intercourse.