PRAKASH JAGANATH PAWAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, who stands convicted by the Additional Sessions Judge, Karad, Dist. Satara by Judgment dated 6th July, 2013 in Sessions Case No.60 of 2011, for the offence punishable under Section 376 of the IPC and sentenced to suffer R.I. for 10 years and to pay fine of Rs.1,000/-, in default to undergo further R.I. for 6 months; for the offence punishable under Section 451 of the IPC and sentenced to suffer R.I. for 6 months and to pay fine of Rs.500/-, in default to suffer further R.I. for 2 months; and for the offence punishable under Section 506 of the IPC and sentenced to suffer R.I. for 6 months and to pay fine of Rs.500/-, in default to suffer R.I. for 2 months, by this Appeal challenges his conviction and sentence.

(2.) Brief facts, as are necessary, for deciding this Appeal may be stated thus :

(3.) On her complaint, C.R. No.18 of 2011 came to be registered against the Appellant for the offences punishable under Sections 376 and 506 of the IPC. Investigation of the same was taken over by PW-8 API Balkrishna Gade. On the same day, he arrested the Appellant and referred, both, Prosecutrix and Appellant for medical examination to Rural Hospital, Patan. There PW-6 Dr. Pandurang Satpute examined the Prosecutrix and confirmed that she was pregnant of 24 to 26 weeks. Accordingly, he issued Medical Certificate (Exhibit-23). He also collected blood samples of the Prosecutrix and sent it for D.N.A. test to Forensic Science Laboratory at Kalina, Mumbai. On examination of the Appellant also, he collected the necessary samples of blood, semen, nails, pubic hairs and sent them to Forensic Science Laboratory for D.N.A. testing and chemical analysis. Further on examination, he found the Appellant to be physically and mentally fit to have sexual intercourse. The Medical Certificate of the Appellant is at Exhibit-24.