ANIL RAGHUNATH DHIWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order delivered by the Additional Sessions Judge, Pune convicting the appellant of an offence punishable under Section 376 of the Indian Penal Code (For short "IPC") and sentencing him to suffer Rigorous Imprisonment for seven years and to pay a fine of Rs.5,000/-. The appellant was also charged of offences punishable under Section 324 of the IPC, Section 504 of the IPC and Section 506 of the IPC, but of the said offences, he was acquitted.

(2.) The prosecution case, as put forth before the trial Court, in brief, be stated thus :

(3.) The prosecution examined seven witnesses during the trial. The first witness is prosecutrix herself. The second witness, as aforesaid, is Rohan. The third witness Sonali Kulkarni is a social worker in whose presence the FIR lodged by the prosecutrix was registered. The fourth witness Raj Rajput and the fifth witness Pramod Kolekar are both panchas. Raj Rajput has witnessed the seizure of the clothes of the appellant under a panchnama, while Pramod Kolekar has witnessed the position of the spot where the offence took place. The sixth witness Chandan Gupta is the medical officer, who has examined the prosecutrix. The seventh witness Mangal Modhve, Assistant Police Inspector, is the one, who had recorded FIR, had carried out further investigation in the matter and had submitted a report under Section 173 of the Code.