NANDLAL ZAGADU YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-accused who has been convicted for the offences punishable under Ss. 342 and 376 of IPC by the Additional Sessions Judge, Greater Mumbai in Sessions Case No.77/2008 questioned the legality and correctness of his conviction and sentence for life imprisonment on various grounds.

(2.) The prosecution case in nutshell is as under.

(3.) The investigation was entrusted to API, Manohar Harpude. He arrested the accused and seized clothes of the victim girl. The panchnama of scene of offence came to be prepared. Victim was referred for medical examination at Nagpada Police Hospital. Investigation Officer could not record the statement of the victim girl as she was not in a position to narrate about the incident. Remaining part of investigation was conducted by Police Inspector-Jamdade (PW No.11) who recorded statement of two auto rickshaw drivers who brought the victim girl at Madh Beat police Chowki. He despatched the mudemal articles to the forensic laboratory for analysis and report. After completion of investigation, the investigation officer found sufficient evidence against the appellant-accused. The chargesheet came to be filed in the Court of Metropolitan Magistrate at Borivali, Mumbai who committed this case to the Sessions Court, Greater Mumbai, Dindoshi Sessions Division, Mumbai.