RAJKUMAR RAKESH SAHANI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, who stands convicted for the offence punishable under Section 376(2)(f) of the IPC and sentenced to suffer R.I. for ten years and to pay fine of Rs. 1,000/-, in default to suffer S.I. for three months, by the 5th Ad-Hoc Additional Sessions Judge, Sewree, Mumbai by Judgment dated 5th April, 2010 in Sessions Case No.04 of 2009, by this Appeal challenges his conviction and sentence.

(2.) Facts, as are necessary, for deciding this Appeal can briefly be stated thus :-

(3.) During the police custody of the Appellant, he expressed his willingness to show the spot of incident. Accordingly, the Memorandum Panchanama of his statement was made vide Exhibit-25 in the presence of the Panch and then Appellant guided the Police and Panch to the spot, which was an open space, in between the BPT railway line and near to compound wall of the said line. From the spot, the blood stained mud and simple mud was collected and sealed under Panchanama (Exhibit-26). PW-9 PSI Gavkar then seized the clothes of the Appellant under Panchanama (Exhibit-50). He also recorded the statement of the victim girl, in question and answer form, as she was hardly of the age of four years at the time of incident. He further recorded the statement of the grand-mother of the victim girl PW-6 Julekhabi.