PRABHAKAR DAULAT PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants Prabhakar Daulat Pawar and Baliram Shankar Pawar (hereinafter referred to as "accused nos.1 & 2") prefer this appeal, impugning a judgment and order dated 7.3.1996 passed by the Addl.Sessions Judge, Malegaon in Sessions Case No.44 of 1989. By the impugned judgment and order accused no.1 was convicted for an offence punishable under Section 366 of Indian Penal Code and sentenced to suffer RI for 3 years and to pay fine of Rs.500/-, in default to suffer RI for one month. Accused nos.1 & 3 were convicted for an offence punishable under Sec. 376 (2) (g) of the IPC and sentenced to suffer RI for 10 years each and to pay a fine of Rs.500/- each, in default to suffer RI for one month each. The Sessions Court acquitted accused no.1 for the offence punishable under Sec. 363 of the IPC. The prosecution was directed to file a separate charge-sheet against accused no.2 Subhash, who was absconding, as and when he was found. It was directed that the substantive sentences were to run concurrently and the benefit of set off was given to the accused.

(2.) The brief facts of the case are as under :-

(3.) In due course, the case was committed to the court of Sessions and the trial commenced. At the trial, the prosecution examined 7 witnesses to bring home the guilt of the accused. (PW 1) Pramila Ahire was examined as the prosecutrix. Corroborative evidence was sought through the evidence of (PW 2) grand-mother Mohnabai Bagul and (PW 4) Bhagabai Gulab Sonwane, mother of the prosecutrix. (PW 3) Bhausaheb Deore was examined as the panch for the seizure of the clothes of the prosecutrix and accused nos.1 & 2 to prove the panchanama of the scene of offence. (PW 5) Dr.Sahebrao Naval was examined as the medical officer who has examined the prosecutrix and the accused. (PW 6) Dr.Vasant Trambak Vaidya radiologist was examined to prove the age of prosecutrix and (PW 7) Suresh Sonawane was examined as the investigating officer.