RAMCHANDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction passed by the learned Sessions Judge, Gadchiroli, in Sessions Case No. 51 of 2011 on 02.5.2012, thereby convicting the present appellant for the offences punishable under Sections 376 and 506 Part II of Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs.1,000/- and also to suffer rigorous imprisonment for two years together with rigorous imprisonment of two months in default of fine amount.

(2.) The prosecution case, in nut shell, is as under : In the month of January, 2011, Panjabrao Pardhane (P.W.9) was in-charge P.S.O. of police station Dhanora. On 27.1.2011 Gurudeo Shedmake (P.W.2) came in the police station and filed a written complaint. The said written complaint is at Ex.14. Necessary entry in that behalf was taken in the station diary. The complaint was in respect of physical atrocity on the victim. Therefore, after taking the entry in the station diary, Panjabrao (P.W.9) sent the victim to the hospital at Gadchiroli for her medical examination. She was sent through a reference letter (Ex.27). On 29.1.2011, Panjabrao (P.W.9) received the opinion of the medical officer and thereafter a crime was registered on 30.1.2011 for the offences punishable under Sections 376 and 506 of Indian Penal Code vide Crime No. 9 of 2011. The printed first information report is at Ex.15. On the very same day, the appellant was arrested under arrest panchanama vide Ex.29. After completion of usual investigation, the Investigating Officer filed charge-sheet before the Court of law. The case was committed to the Court of Sessions. After it was committed to the Court of Sessions, it was registered as Sessions Case No. 51 of 2011.

(3.) The learned Sessions Judge framed a charge against the appellant under Ex.6 for the offences punishable under Sections 376 and 506(B) of Indian Penal Code. The appellant denied the charge and claimed for his trial.