BHASKAR SHRIRAM NIMKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A The appellant-accused has preferred the present appeal against the Judgment and order dated 8-1-1993 passed by the additional Sessions Judge Achalpur in Sessions Case No.45 of 1992 and thereby convicted the appellant-accused for the offence punishable under Section 376 IPC and was sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 500/-, in default to suffer rigorous imprisonment for one month more.

(2.) IN order to appreciate the complicity of the appellant-accused in the crime in question, it is necessary for us to consider the material facts put forth by the prosecution through the evidence of the various prosecution witnesses which has resulted in prosecution of the accused for the offence charged.

(3.) IN order to prove the prosecution case, the Prosecutrix has examined in all 9 witnesses. However, material evidence regarding the actual incident in question is of P. W-1 Shobha, the Prosecutrix, P. W-2 Sunanda (daughter of the prosecutrix) and P. W-3, Sudhakar, the husband of the Prosecutrix, whereas the evidence of P. W-5 and P. W-6 is in respect of the extra judicial confession made by the accused in their presence. The accused was examined by Dr. Prabhakar, P. W-7. P. W-8 Prabhakar is the Police Head Constable who had taken accused to the Primary Health Center, Pathrot for medical Examination. Similarly, P. W-8 had received two sealed bottles and one sealed packet from the Medical Officer and they were handed over to the P. S. O. He has also carried two sealed parcels, four sealed tape parcels and one sealed packet, pertaining to the Crime No.138 of 1991 and had delivered in the office of Chemical Analyser. Nagpur. P. W-9 Dnyaneshwar is the INvestigating Officer in the instant case.