KRIPASHANKAR JEETNARAYAN SHUKLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant/Original Accused impugns the Judgment of conviction and sentence in Sessions Case No.328 of 2004 recorded by 8th Ad-hoc Additional Sessions Judge, Greater Bombay at Sewree dated 15.6.2005 whereby the Accused/Appellant was convicted for the offence punishable under Section 366 of I.P.C. to suffer Rigorous Imprisonment for 5 years, to pay fine of Rs.1000/-. For the offence punishable under Section 376 of I.P.C. the Accused/Appellant was sentenced to suffer Rigorous Imprisonment for 7 years and to pay a fine of Rs.1,000/- Both the sentences were directed to run concurrently.

(2.) It is the most tragic incident wherein the girl of 4 years old is subjected to satisfy sexual apetite. The complainant Vandana Patil resides in the same vicinity as to where the accused resides and the family is known to each other. The victim Deepali was 4 years old.

(3.) The accused was put under arrest. He was medically examined. His shirt, pant, nicker were taken charge. The spot panchanama was drawn. The frock and the mattress from the room of the accused were taken charge. The incriminating articles were sent to the office of C.A. for analysis. Charge-sheet was filed before 31st Metropolitan Magistrate, Vikhroli. The Learned M.M. by exercising powers under Section 207 of Cr.P.C. committed the case to the Sessions Court. The learned Ad-hoc Additional Sessions Judge explained charge to the accused below Exhibit 2. The accused pleaded not guilty to the charge and sought trial vide Exhibit 3.