LAWS(BOM)-2012-6-76

KAKASAHEB HARIBHAU KAMBLE Vs. STATE OF MAHARASHTRA

Decided On June 25, 2012
KAKASAHEB HARIBHAU KAMBLE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellant, who stand convicted for the offence punishable u/s 376 of the Indian Penal Code and sentenced to suffer RI for 10 years and to pay a fine of Rs.1000/ in default to undergo further RI for one month by Sessions Judge, Osmanabad vide judgment and order dated 31.03.2011 rendered in Sessions Case No.16/2009, by this appeal questions the legality and correctness of his conviction and sentence.

(2.) Few facts, which are germane to decide the present appeal, may briefly be stated thus

(3.) Heard Mr.Satej Jadhav, learned counsel for the appellant followed by the submissions of Mrs.Kshirsagar, learned APP for the respondent State. Both the learned counsel took me through the entire evidence on record so also through the documents produced by the prosecution during the trial. It is apparent that the case of the prosecution is based on the direct evidence of the prosecutorix (PW 2), PW 5 Latabai mother of the prosecutorix and PW 4 Dinkar husband of the prosecutorix coupled with the circumstantial evidence i.e. CA reports and the medical reports.