SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has challenged the judgment and order of the sentence passed in Special Case No. 122/2019, whereby the appellant/accused is convicted for the offence punishable under Sec. 376(1) of the Indian Penal Code, 1860, and sentenced to suffer rigorous imprisonment for a period of 10 years and to pay a fine of Rs.2,000.00. In default of payment of fine, simple imprisonment for six months. The appellant is further convicted for the offence punishable under Sec. 506 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs.500.00. In default of payment of fine, the appellant shall suffer further simple imprisonment for a period of one month.

(2.) The brief facts of the prosecution case as emerges from the police papers, and recorded evidence are as under;

(3.) On the basis of the said report, police have registered the offence against the accused vide Crime No. 411/2019. On registration of the crime, the wheels of the investigation started rotating. During the investigation, the investigating officer has referred the victim for medical examination. The investigating officer has also visited the spot of the incident and drawn the spot panchanama. From the spot panchanama, he seized the pair of chappals of the victim and pieces of broken bangles. The investigating officer also seized the clothes of both the victim and the accused, along with their blood samples, and other samples. After completion of the investigation, the charge-sheet is filed against the accused. The learned Magistrate has committed the case to the Court of Sessions, as the offence under Sec. 376 is exclusively triable by the Sessions Court. The Sessions Court frame the charge vide Exhibit No. 5.