VINOD BAKU JADHAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants have assailed the judgment of conviction awarded by Special Judge, Wardha for the offence punishable under Section 376-D of the Indian Penal Code, by which they are sentenced to suffer rigorous imprisonment for 20 years and to pay fine of Rs. 10,000/- in default to suffer rigorous imprisonment for two years.

(2.) The case of prosecution against appellants in short is as under.

(3.) Heard learned counsel Shri Mir Nagman Ali for the appellants. He has submitted that there was dark at the time of incident. Victim has stated different identification mark in her evidence. Test identification parade was not carried out as per the Criminal Manual. Appellants were not the persons who committed rape on the victim. They are falsely involved in the case. In support of his submissions, learned counsel for the appellants relied on following decisions.