PRAKASH MANIKRAO KONDALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein was tried for offence under Section 376 (2) (f) and 376 (2) (f) read with Section 511 of Indian Penal code, in Sessions Trial No. 80 of 2006, and was convicted and sentenced under Section 235 (2)of Criminal Procedure Code for the said offence to undergo Rigorous Imprisonment for a period of five years, a fine of Rs. 1,000-00 and default sentence of one month. The appellant is, therefore, before this Court in this appeal.

(2.) The appellant is charged for committing rape on Ku. Aachal, seven years' old girl. Charge also consists of an allegation of attempt to commit rape. Case of prosecution

(3.) The prosecution has examined in all five witnesses. PW-1 is a Panch witness. PW-2 is the mother of victim, PWs-3 and 4 are medical witnesses and PW-5 is the Police officer, who has recorded First Information report and conducted the investigation. The defence and conclusions in trial