DASHRATH BABU WAGHMODE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT herein is convicted for offence punishable under section 376(1) of Indian Penal Code and is sentenced to suffer rigorous imprisonment for seven years and fine of Rs. 2000/ - in default to undergo rigorous imprisonment for one year in Sessions Case No. 18 of 1993 passed by 4th Additional Sessions Judge, Solapur vide Judgment and Order dated 25/01/1994. Hence, this appeal.

(2.) SUCH of the facts which are necessary for the decision of this appeal are as follows.

(3.) P . W. 1 Dr. Salil Patil was Medical Officer attached to Primary Health Centre at Tembhurni. He has deposed before the Court that on 03/06/1992, he had examined present appellant. He found 10 scratch marks over inguinal region both sides. There was scaly formation. Injuries were not fresh. There were scratch marks over the right side of the cheek as well as on the right upper eye lid and back side. There were no injuries on his private part. According to P. W. 1, injuries could be caused by scratching. The said injuries were 2 to 3 days old. He has produced the case papers on record which is at Exhibit 13. P. W. 1 has admitted in the cross -examination that he had not issued certificate. That he had not mentioned the age of the injuries in the case papers.