MURLIDHAR RAMAJI JAMBHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) While Criminal Appeal No. 315 of 2002 was filed by appellant Murlidhar Ramaji Jambhule against the Judgment and Order dated 4th May, 2002 passed by learned Second Ad Hoc Additional Sessions Judge, Chandrapur, in Sessions Case No. 130 of 1996, by which appellant was convicted of offence under Section 376 (2) (f) of Indian Penal Code and sentenced to undergo Rigorous Imprisonment for three years and a fine of Rs. 1,000/-, in default, Rigorous Imprisonment for two months, Criminal Appeal No. 390 of 2002 was filed by the State of Maharashtra against the same Judgment and Order dated 4th May, 2002 for enhancement of sentence for offence under Section 376 (2) (f) of Indian Penal Code.

(2.) Both these appeals were heard together and are being decided by this common Judgment and Order.

(3.) It is the case of the prosecution that the incident had taken place on 22nd May, 1996 when the appellant-accused committed rape on a girl of seven years, i.e., the prosecutrix Ku. "M', in the cattle shed, in respect of which incident, an FIR [Exh.16] was lodged with Police Station by Shankar Govinda Chawakhe [PW 1], her father. The prosecution examined several witnesses and also adduced evidence of Dr. Kiran Khobragade [PW 7] to support the prosecution case by medical evidence. Trial Judge ultimately held the appellant guilty of the offence of rape on a minor girl and convicted him as stated above.