TENZIN Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Ryan Menezes learned Advocate for the Appellants, Mr. S. G. Bhobe learned Public Prosecutor for the State.

(2.) The present appeal is filed challenging conviction and sentence awarded by the learned Sessions Court for the offences punishable under Ss. 376, 323, 324 and 506(ii) of the Indian Penal Code(I.P.C. for short).

(3.) Mr. Menezes learned counsel appearing for the Appellant would submit that first of all there is a serious doubt with regard to identification of the Accused as perpetrator of the said offence. He submits that the complaint clearly shows that the victim was not knowing the Accused prior to that date and that she did not describe the Accused by his features or otherwise, except stating the name as Elin. He submits that the Accused is infact a totally different person and a resident of Tibet/Leh Ladakh.