SHANKAR BHAU BHOITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 6-10-1990, passed by the IIIrd Additional Sessions Judge, Sangli, in Sessions Case No.119 of 1990, convicting and sentencing him to undergo 2 years RI and to pay a fine of Rs.1000/- in default to suffer RI for one year, for an offence punishable under section 376 r/w 511 IPC, has come up in appeal before me.

(2.) IN short, the prosecution case runs as under:-

(3.) ON the next day, i.e. 22-11-1988, the appellant was arrested. On the very day, both he and Akkubai were sent for medical examination. As observed by the trial Judge, in para 8, of the impugned Judgment, their medical evidence did not further the prosecution case. The medical evidence shows no marks of sexual or physical violence on Akkubai's person nor any injuries on the genitials of the appellant.