BALU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the conviction and sentence imposed upon the appellant (original accused) by way of judgment and order, dated 12.1.2011. It appears that the appellant herein faced the trial for the offence punishable under Sections 376, 354, 323, 504 and 506 of the Indian Penal Code under Sessions Case No. 136 of 2010 and was convicted therefor, excepting for the offence punishable under Section 504 of the Indian Penal Code and was sentenced to suffer R.I. for the period of ten years and to pay fine of Rs. 10,000/ in default of payment of fine to suffer R.I. for six months for the offence punishable under Section 376 of the Indian Penal Code; and was also sentenced to suffer R.I. for two months and to pay fine of Rs. 5,000/-, in default of payment of fine to suffer R.I. for three months for the offence punishable under Section 354 of the Indian Penal Code; and was further sentenced to suffer R.I. for the period of one year and to pay fine of Rs. 1,000/-, in default of payment of fine to suffer R.I. for one month for the offence punishable under Section 323 of the Indian Penal Code; as well as was sentenced to suffer R.I. for the period of two years and to pay fine of Rs. 1,000/-, in default of payment of fine to suffer R.I. for one month for the offence punishable under Section 506 of the Indian Penal Code; and it was also directed that the afore said substantive sentences to run concurrently, by way of judgment and order, dated 12.1.2011, rendered by the learned District Judge6 and Assistant Sessions Judge, Ahmednagar.

(2.) THE factual matrix and the events leading to the present appeal are as follows:

(3.) IT is further the case of prosecution that PW8 Mrs. Jyotipriya Singh, Superintendent of Police (Rural), Ahmednagar, was having charge of Nagar Taluka police station at the relevant time and on 14.4.2010 she received C.R. No. 62 of 2010 for further investigation. Accordingly, she perused the complaint and special report of the crime and arrested the appellant under arrest panchanama (Exh.31). The special report (Exh.38) was prepared by PW9 A.S.I. Bhosale. Thereafter PW8 Mrs. Jyotipriya Singh issued letter (Exh. 17) for examination of the appellant and the appellant was sent to the Civil Hospital, Ahmednagar for examination purpose. Accordingly, PW2 Dr. Bharati Peche. who was Medical Officer at the Civil Hospital, Ahmednagar, examined him and collected the samples of blood, hair and nail, as well as sample of his semen was taken by other doctor, namely Dr. Bhujbal and M.L.C. (Exh. 18) was registered. She also prepared the medical certificate of examination of the appellant at Exh. 20.