SAHEBRAO NATHU GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant being aggrieved by the Judgment and order dated 8th August, 1984 passed by the Addl. Session Judge, Pune in Sessions Case No.77 of1984 convicting and sentencing him to undergo seven years R.I.and to pay a fine of Rs.6,000/- and in default to further undergo 3 months R.I. for the offence under Sec.376 of I.P.C., has come up in appeal before us.

(2.) BRIEFLY stated, the prosecution case runs as under:-

(3.) ON the next morning that is morning of 31/12/1983, Bharat took the prosecutrix to Sassoon Hospital, Pune. There at 5.00 p.m. she was medically examined. Medical report of the prosecutrix is at Exh.20-A. The doctor did not find any injuries on her breasts, lips, cheeks, thighs etc. and neither any mud, soil or any other foreign material on her body. No injuries were also found on the genitals. Hymen had old healed tear and vagina admitted 2 fingers easily. The doctor directed that samples of public hair, vaginal smear, vaginal swab and blood for grouping be taken. It was also directed that x-ray of Writ joint A.P. view, elbow joint A.P. view, Pelvis with Head of femur A.P. view and lateral view of skull be taken. It appears that radiological examination of the prosecutrix was conducted by Dr. Laxmikant Kashinath Bade, P.W. 7. On it's basis Dr. Bade opined that the prosecutrix had completed 13 years of age but was below the age of 15 years, including margin of error.