PRABHUDAYAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Sagar, a boy studying in IV standard in the Primary School was done to death by his assailant, after the assailant satisfying his carnal lust against the order of nature, is the sordid tale of the present Appeal.

(2.) After the criminal law was set into motion, PW 13 Asaram Chormale, prepared the spot Panchnama in presence of Panchas. He found injuries on the dead body. The clothes of the dead body were also stained. The dead body was having white shirt, blue full pant, a tie and belt i.e. of a school uniform. He also noticed that one chappal was on the leg of the dead body and another chappal was laying there. After removing the clothes on the dead body, he found that anus portion was having reddish swelling which was little turned into white. He also found a pair of chappals and sky blue colour nicker of a full grown man laying at the spot of incident and noticed stains of stool, blood and semen in the nicker. Accordingly, he prepared the spot Panchnama. It is at Exh. 33. The inquest was done over the dead body in presence of Panchas (Exh. 34).

(3.) Learned Sessions Judge, Wardha on 3rd August, 2010 framed a charge against the appellant for offence punishable u/ss. 363, 364, 377 & 302 of the IPC. The appellant denied the charge and claimed for his trial. In order to bring home the guilt, the prosecuting agency examined in all 13 witnesses and also relied upon various documents duly proved during the course of the trial. After a full dressed trial, the learned Judge of the Court below recorded the finding of guilt against the appellant and sentenced him, as mentioned in the preceding paragraph. It is against the said judgment and order of conviction, the present Appeal is filed.