NAMDEO RAIBHAN BOBADE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the conviction and order of sentence passed by the learned Additional Sessions Judge, Nagpur dated 28/11/2011 by which the learned Judge convicted the appellant in Sessions Trial No. 78 of 2011 for the offence punishable under Section 376(2)(f) of the Indian Penal Code directing that the appellant should suffer rigorous imprisonment for a period of seven years and to pay fine of Rs. 500/ - and in default to suffer rigorous imprisonment for one month.

(2.) I heard Ms Taksande, learned Counsel appointed by the Legal Aid Committee, which has provided legal aid to the appellant, who is in jail. I also heard Shri Bhoyar, learned Assistant Public Prosecutor for the State. With their able assistance, I have gone through the record and proceedings of the case. Both the learned Counsel articulated their submission in support of their respective prayers.

(3.) THE appellant faced the charge for the offence punishable under Section 376 (2)(f) of the Indian Penal Code as he pleaded not guilty and claimed his trial. In order to bring home the guilt of the appellant, the prosecution has examined in all eleven witnesses. The relevant witnesses would be P.W. -1 Narayan Sawarkar - father, P.W. -2 Sou. Sindhu Sawarkar - mother and P.W. -3 Akshay - brother of the prosecutrix, who has witnessed the heinous act on the part of the appellant. P.W. -6 Dr. Ashutosh Deshmukh has examined the prosecutrix for determination of her radiological age, P.W. -9, the prosecutrix herself and P.W. -11 Dr. Suvarna Sapkal, who has examined the prosecutrix and proved her medical certificate.