SAYYAD CHAND AGASAPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has impugned the judgment and order dated 4th August 2017 passed by the Learned Additional Sessions Judge, Solapur, in Sessions Case No. 185 of 2016, by which the appellant was convicted and sentenced as under:-

(2.) The prosecution case in brief is as under:-

(3.) Mr. Natu, learned Counsel for the appellant submitted that the allegations as against the appellant are false and baseless. He submitted that the prosecution had failed to prove that 'X' was a minor, at the time of alleged incident. He submitted that even the DNA report (Exh.47) cannot be relied upon, as the same has not been proved by the prosecution. Learned counsel submits that as PW-1 (Prosecutrix) and PW-2 (Complainant) have turned hostile, the prosecution has failed to prove its case beyond reasonable doubt as against the appellant and as such the appellant's conviction cannot be sustained. Learned counsel has tendered written submissions in support of his submissions.