MANNAN SHAHADAT KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and order dtd. 6/2/2018 passed by the learned Additional Sessions Judge, Dindoshi, in Sessions Case No.74 of 2014. The learned Judge convicted the Appellant for commission of the offence punishable U/s.376 of the I.P.C. and sentenced him to suffer life imprisonment which shall mean imprisonment for the remainder of his life and to pay a fine of Rs.25000.00 and in default to undergo rigorous imprisonment for one year. He was also convicted for the offence punishable U/s.342 of the I.P.C. and was sentenced to suffer R.I. for one year and to pay a fine of Rs.1000.00 and in default to suffer R.I. for one month.

(2.) Heard Mr. Vaibhav Ugle, learned counsel for the Appellant and Ms. Kranti Hiwrale, learned APP for the State.

(3.) The prosecution case is that the victim was deaf and dumb. She was a married lady, but had separated from her husband. She had a son from their marriage. She was working with her sister. She was collecting scrap and was depositing it with the Appellant's scrap dealing shop. On 31/12/2013 at around 11:30a.m. when she was alone in the shop, the Appellant who was the owner of the shop, committed rape on her. She came out of the shop crying. She informed a neighbour. That lady questioned the Appellant. He told that lady not to lodge the police complaint and that he would make some payment to the victim. In the meantime, the victim had become unconscious. Somebody informed the police. The police came at the spot and took the victim to the hospital. The neighbour gave her statement; which was treated as an F.I.R. The victim also gave her statement. Her clothes were seized. The Appellant was taken in custody by the police from the spot. He was put under formal arrest in the evening. His clothes were seized. The investigation was carried out. The spot panchanama was conducted. The articles were sent for C.A. examination. The victim underwent medical examination. At the conclusion of the investigation, the charge-sheet was filed and the case was committed to the Court of Session.