AJIJKHA (KHAN) BISMILLAKHA (KHAN) Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 19/1/2022, passed by the learned Additional Sessions Judge, Amravati in Sessions Case No. 01/2021, whereby the learned Judge convicted the appellant for the offences punishable under Ss. 376(2)(j)(n) and 506 of the Indian Penal Code. The appellant is sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000.00, in default of payment of fine, to undergo further rigorous imprisonment for six months for the offence punishable under Sec. 376(2)(j)(n) of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.5,000.00 and in default of payment of fine, to undergo further rigorous imprisonment for six months for the offence punishable under Sec. 506 of the Indian Penal Code.

(2.) Brief facts of the prosecution case are as follows :

(3.) PI Rekha Londhe (PW4), conducted the investigation. She arrested the appellant. During the course of investigation, the victim was sent for medical examination. The appellant was also sent for medical examination. The Investigating Officer collected the documents of mental illness of the victim. She recorded the statements of the witnesses. The samples collected during the course of investigation were sent to the Chemical Analyser. On receipt of C.A. report and on completion of investigation, charge-sheet was filed against the appellant.