PRASHANT@ GOPAL ANANDGIRI GOSAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 172 of 2011 has been filed by the appellant, who stands convicted for an offence punishable under Section 376 of the Indian Penal Code and sentenced to R.I. for eight years and to pay fine of Rs. 10,000/-, in default of which to undergo further S.I. for six months, with a further direction that out of the amount of fine of Rs. 10,000/-, an amount of Rs. 7000/- be given to the victim, by the Ad hoc Assistant Sessions Judge, Sangamner, by judgment, dated 17.3.2011, in Sessions Case No. 54 of 2009, questioning the correctness of his conviction and sentence. Criminal Appeal No. 472 of 2011 has been filed by the appellant/State seeking enhancement of the sentence passed against the respondent/accused. Since both these appeals arise from the same judgment of the trial court, these appeals are decided by this common judgment. Facts, in brief, as are necessary for the decision of this appeal, may briefly be stated thus:-

(2.) Pw 8 P.S.I. Shaikh Gani, who was also attached to Sangamner Taluka police station, was entrusted with the investigation of Crime registered by PW 9 Police Head Constable Dhadage. On being entrusted with the investigation, PW 8 P.S.I. Gani directed that the victim be produced before the Rural Hospital at Sangamner for medical examination, and accordingly, addressed a requisition at Exh. 46. After the medical examination of the victim, PW 8 P.S.I. Gani proceeded to the scene of the incident and in presence of panchas drew the scene of incident panchanama at Exh. 35. He recorded the statements of the witnesses and arrested three accused including the appellant on the same day at about 9.10 p.m. The Medical Officer, Rural Hospital, Sangamner had referred the victim to the Medical Officer, Civil Hospital, Ahmednagar for medical examination along with letter Exh. 69. The accused were referred for their medical examination under requisition at Exh. 48. The blood samples, etc. of the accused and the victim were referred to the Chemical Analyser on 27.10.2009 under requisition at Exh. 72. On 20.10.2009 the victim was referred to the Civil Hospital, Ahmednagar. Further to the completion of investigation, charge sheet against the accused was submitted.

(3.) On committal of the case to the court of Sessions, the trial Court vide Exh. 14 framed charge against the accused for offence punishable under Sections 376, 504 and 506 r/w 34 of the Indian Penal Code.