CHANGDEO DNYANU BUCHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against appellant's conviction by the learned Additional Sessions Judge, Sangli for the offences punishable under Sections 376 and 341 of the Indian Penal Code and sentence of rigorous imprisonment for five years with a fine of Rs. 3,000/- and simple imprisonment for one year with a fine of Rs. 500/- imposed upon him for the two offences on conclusion of Sessions Case No. 151 of 1992 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 376 and 341 of the Indian Penal Code and charged co-accused for the offence punishable under Section 109 read with Section 376 of the Indian Penal Code. Since they pleaded not guilty, they were put on trial at which the prosecution examined in all six witnesses in its attempt to bring home guilt of the accused persons. After considering their evidence in the light of defence of denial of false implications, the learned trial Judge convicted and sentenced the appellant as aforementioned and acquitted the co-accused. Aggrieved thereby, the appellant has preferred this appeal.

(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 had turned hostile. Even in course of cross examination by the learned APP, she went only so far as to state that the appellant pulled her inside sugar cane crop but stopped short of stating that she was raped. PW-3 her mother, Godabai Sheshappa Sarje also turned hostile and did not support the prosecution case. She stated in her cross examination that a false complaint was filed against the appellant at the instance of Balu Patil to prevent the appellant from visiting the victim. PW-2 Gajanan Maruti Dambe is a panch on spot panchanama at Exhibit 12. PW-4 Dr. Bhikaji Nivrutti Vanjare referred the victim to the Civil Hospital at Sangli. PW-5 Dr. Manohar Shankar Chavan did not actually examine the victim but prepared Certificate on the basis of observations of Dr. Deshpande and Dr. Kulkarni. PW-6 API Kallappa Ramchandra Sarde had conducted the investigation.