LAWS(BOM)-2012-9-168

NITIN GANPAT JIVADI Vs. STATE OF MAHARASHTRA

Decided On September 14, 2012
Nitin Ganpat Jivadi Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal is directed against conviction of the appellant by the learned Additional Sessions Judge, Nashik for the offence punishable under Section 498A and sentence of rigorous imprisonment for one month with a fine of Rs. 500/- or in default rigorous imprisonment for 15 days imposed upon the appellant on conclusion of Sessions Trial No. 17 of 1996 before him. Facts which are material for deciding this appeal are as under:-

(2.) The learned Additional Sessions Judge to whom the case was made over, charged the appellant for the offences punishable under Sections 316 and 498A of the Indian Penal Code. Since he pleaded not guilty, he was put on trial at which the prosecution examined in all four witnesses in its attempt to bring home guilt of the accused. After considering the prosecution evidence of those four witnesses, the learned Judge acquitted the appellant for the offence punishable under Section 316 of the Indian Penal Code but convicted and sentenced him for the offence punishable under Section 498A as aforementioned. Aggrieved thereby, the appellant is before this Court.

(3.) I have heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the respondent - State. With the help of both the learned counsel I have gone through the evidence on record. PW-1 victim Mangala Nitin Jivade, proved her FIR at Exhibit No. 10. The learned counsel for the appellant submitted that this FIR is delayed, since it was filed about 19 days after the incident. He submitted that even if it is taken that the victim was in the hospital till 13th July, 1995, there was absolutely no reason why (sic) was filed on 25th July, 1995. P.W.-2 Dr. Kalpana Sudhakar Vyavahare had treated the victim and proved her Certificate at Exhibit No. 12. Since Dr. Kalpana Vyavahare stated that foetus come out naturally five days after admission, appellant's role in causing abortion was possibly ruled out. However, Dr. Kalpana Vyavahare had stated that the victim had come to the hospital with the history that she was beaten up on her back with sticks and on her abdomen with kick and fist blows. She had also observed that there was no external injury on the abdomen, but tenderness on the lower part of the abdomen was notified. PW-3 Babita Dagadu Sonawane, victim's mother and PW-4 Ranjana Balu Gangurde, her friend, support victim's version as far as demands and ill-treatment are concerned.