SANTOSH SITARAM INGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dtd. 28/2/2023 passed by the learned Additional Sessions Judge, Akot, District Akola, in Sessions Case No. 18 of 2021, the appellant has preferred the present appeal. By the impugned judgment, the appellant came to be convicted for the offence punishable under Sec. 376(2)(f) of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced to suffer rigorous imprisonment for fifteen years with fine of Rs.20,000.00, in default to suffer rigorous imprisonment for three years.

(2.) The prosecution case, in brief, is as under:

(3.) During investigation, the victim was referred for medical examination at District Hospital, Akola. Biological samples were collected and seizure panchanamas were prepared. Spot panchanama was drawn and photographs of the scene of offence were taken. The appellant was arrested and medically examined. The victim and the appellant's biological samples and clothes were seized. The seized articles were sent to the Forensic Science Laboratory, Amravati, for chemical analysis. Statements of witnesses were recorded, including statements under Sec. 164 of the Code of Criminal Procedure, 1973 (CrPC). Owing to the victim's mental disability and inability to communicate coherently, psychiatric assessment was conducted by Dr. Kelkar, and it was reported that the victim was suffering from a mental disorder. After completion of investigation, charge-sheet was filed.