SHAKEEL MASTAN PATHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appellant was convicted by the learned Additional Sessions Judge, Aurangabad in Sessions Case No. 68 of 2011, for the offences punishable under section 376(2)(f), 377 and 506 of the I.P. Code. He was sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 5000/- for the offence punishable under section 376(2)(f) of the I.P. Code. He was further sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 5000/- for the offence punishable under section 377 of the I.P. Code. Lastly, he was sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 1000/- for the offence punishable under section 506 of the I.P. Code. All the sentences were directed to run concurrently. The appellant was, however, acquitted of the offence punishable under section 3(1)(x) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Aggrieved by the conviction and sentence, as detailed supra, the present appeal is preferred by the original accused.

(2.) The prosecution case, in short, is as under:-

(3.) PW9 -Sub-Divisional Police Officer Vishwanath Jatale had taken over the investigation with the permission of the Superintendent of Police. The victim was already referred to the Govt. Medical College Hospital, Aurangabad. Her medical examination report at Exhibit-26, issued by PW3 Dr. Sanjay Pagare, was collected which inter-alia showed tear to the perianal skin. On the very same day, the appellant was arrested and he was also referred for the medical examination on 18th November, 2010. On 18th November, 2010, the Investigating Officer visited the spot of occurrence and recorded the panchanama of spot of occurrence at Exhibit-32 in presence of PW5 Samadhan Jadhav. Thereafter, the statements of witnesses were recorded. Medical sample was sent to the Regional Forensic Laboratory. The clothes of the appellant as well as the victim were seized on 13th November, 2010 under the respective panchanamas at Exh-37 and Exh-49. The relevant clothes were sent for chemical analysis. The caste certificate regarding the victim was collected. Thereafter, he recorded the statement of the victim girl on 08.12.2010 in question and answer form and the chargesheet came to be filed.