KASHINATH BABAN THORAT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Aggrieved by the conviction for the offence punishable under section 376 of the Indian Penal Code and eventually sentenced to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs. 3000/-, in default to undergo rigorous imprisonment for a period of six months, vide judgment and order dated 25th July, 2000 passed by the Additional Sessions Judge, Ahmednagar in Sessions Case No. 30/1998, the present appeal is preferred by the original accused. The prosecution case, in short, is as under:-

(2.) PW 6 P.I. Murlidhar Shankar Nikam conducted the investigation in the case. At about 12.15 a.m., he arrested the present appellant. The prosecutrix as well as the appellant were sent for medical examination at Civil Hospital, Ahmednagar. There-at, they were examined by PW 3 Dr. Daulat Jadhav. The panchanama of the spot of occurrence was also recorded in the meantime at Exhibit-37. The clothes of the prosecutrix as well as those of the appellant were seized under separate panchanamas. The statements of the concerned witnesses were recorded and ultimately, the chargesheet came to be filed.

(3.) Before the learned Sessions Judge, in all six witnesses were examined. PW 1 is the prosecutrix. PW 2 is her husband. PW 3 Dr. Daulat Jadhav has examined the prosecutrix as well as the appellant. PW 4 Bajrang Dongare and PW 5 Sanjay Salvi are the police constables who had accompanied the prosecutrix and her husband to the Police Station while PW 6 P.I. Murlidhar Nikam has investigated the case. The necessary documents like F.I.R., panchanamas, medico-legal examination report, as detailedand the chemical analyzer's report came to be proved.