JAGAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides. The appellant, who is convicted by learned Addl. Sessions Judge, Nandurbar in Sessions Case No. 31 of 2008 for the offence punishable under Section 376(1) of Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs. 500/- in default, to suffer rigorous imprisonment for three months, has filed present appeal.

(2.) The case of the prosecution, in short, is as under:-

(3.) P.W. 7 - Nanasaheb Shyamrao Patil, A.P.I., conducted the investigation of the case. On the next day, he drawn the spot panchnama, sent the prosecutrix for medical examination, collected medical papers and recorded statements of the witnesses including the two girls, as detailed supra. After the medical examination of the present appellant, her clothes as well as the blood samples, discharge from the vagina etc. were sent to the Chemical Analyser. The report of the Chemical Analyser was collected and the charge sheet was filed. The appellant was arrested on the date of registration of the crime and since then, he is behind the bar.