PANDHARINATH CHIRKUTRAO RAMTEKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HIS is an appeal filed by the appellant (hereinafter referred to as the accused) against the judgment and order dated 30-9-1997 passed by the 4th Additional Sessions Judge, Nagpur in Sessions Case No. 120/93. By the impugned judgment, the trial Court has convicted the accused for an offence punishable under section 376 of the Indian Penal code and sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs. l,000/- in default to suffer further rigorous imprisonment for six months.

(2.) THE relevant facts of the case are as under:

(3.) AT the trial, the prosecution examined as many as. nine witnesses. The accused has also examined two defence witnesses. One of the defence witness smt. Ranjana said to be the friend of Nalini, who was present in the house on the date of the incident and was sleeping in the house on that night. The other witness examined is Dr. Wase who is D. W. 2, who has issued certificate of blood group of the accused was 'a' Rh Positive. Based upon the testimony of witnesses and the documents produced, the trial Court passed the impugned judgment and order convicted the accused under section 376 of the Indian penal Code and sentenced him as aforesaid.