ASHOK PREMAJI NIRBHAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, who stand convicted for an offence punishable under Sections 302 and 376 of Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 5,000/- in default of which to undergo R.I. for six months and R.I. for 10 years and to pay fine of Rs. 5,000/- in default of which to undergo R.I. for six months, with a direction that both the sentences shall run concurrently, by the Additional Sessions Judge - II, Niphad by Judgment dated 10.5.2012 in Sessions Case No. 22 of 2011 by this Appeal questions the correctness of his conviction and sentence. Facts in brief as are necessary for the decision of this Appeal may briefly be stated thus.

(2.) On 29.12.2010 she had examined the Appellant under requisition at Exhibit 30 and had noted the following injuries:--

(3.) On committal of the case to Court of Sessions, Trial Court vide Exhibit 2 framed charge against the Appellant for offence punishable under Section 376 and 302 of the Indian Penal Code. The Appellant denied his guilt and claimed to be tried. Prosecution in support of its case examined 7 witnesses. The Trial Court by relying on the evidence as well as finding of a semen stain on the quilt convicted and sentenced the Appellant as afore-stated.