DATTU MENGU SHENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 23.9.2008 passed by the Adhoc Additional Sessions Judge-1, Chandrapur, in Sessions Case No. 7 of 2008, convicting the appellant for the offence punishable under Section 376(2)(f) of Indian Penal Code and sentencing him to undergo imprisonment for life and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three months, the present appeal has been preferred by the appellant.

(2.) Submissions:

(3.) Per contra, learned A.P.P. supported the impugned judgment and order and argued that the evidence of P.W. 1 Sangita and P.W. 3 Indu is consistent, cogent and trustworthy. The learned trial Judge has taken utmost care to scan the same and has rightly come to the conclusion that the said evidence is believable and trustworthy. There is no reason why the said evidence should be discarded. The learned A.P.P. submitted that the defence raised by the appellant is bogus and does not have any basis. He did not even put the story, which he has narrated in the written statement by way of defence, to P.W.1 Sangita and P.W. 3 Indu nor there is any cross-examination made to these witnesses on the above aspect. The appellant also did not bring any evidence to show that he had disclosed to the Investigating Officer about existence of the nail to his finger, which could have been a part of the investigation. The defence is clearly afterthought and has been rightly rejected by the trial Court. He, therefore, prayed for dismissal of the appeal, the crime being heinous one.