PANDHARI KACHRU PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 389 of the Code of Criminal Procedure.

(2.) By the judgment and order impugned in this appeal against conviction he has been sentenced to suffer rigorous imprisonment for 10 years for the offence punishable under Sec. 376(2)(i) of the Indian Penal Code with a fine of Rs. 5000.00, in default he has been sentenced to suffer further rigorous imprisonment for one year. No separate sentence has been awarded for the offence punishable under Sec. 4 of the Protection of Children from Sexual Offences Act in view Sec. 42 of that Act.

(3.) The learned advocate for the appellant would submit that there is a serious dispute as to the age of the victim. Though some attempt was made to prove her date of birth, the witness from the school (P.W. 8) has stated to have recorded her date of birth on the basis of a birth certificate issued by a Grampanchayat. However, her father (P.W. 2) has specifically denied to have produced any such birth certificate while admitting her to school. The learned advocate would further submit that even the birth certificate purportedly issued by a Grampanchayat is highly suspicious. It does not bear any outward number, date or stamp of the Grampanchayat.