SANDIP RAMESH GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Appeal is preferred by the Appellant/original accused in Sessions Case No. 27 of 2010 on the file of the learned 1st Adhoc Additional Sessions Judge, Sewree, Mumbai. By the impugned Judgment and Order dated 16th October 2010, the Appellant was convicted for commission of offence punishable under Section 376(f) of the IPC and was sentenced to suffer R.I. for ten years and to pay fine of Rs. 1,000/and in default of payment of fine, to suffer further S.I. for three months. He was also convicted for commission of offence punishable under Section 302 of the IPC and was sentenced to suffer R.I. for life and to pay fine of Rs. 1,000/and in default of payment of fine, to suffer further S.I. for three months. Both the substantive sentenced were directed to run concurrently and he was given set off under section 428 of the Cr. P.C., 1973 for the offence punishable under Section 376 (f) of the IPC.

(2.) The prosecution case, in brief, is that on 04/09/2009 between midnight 00.30 hours to 3.00 a.m. at Badhwar Park, Machchimar Nagar, the Appellant committed rape on the victim who was about 6 years of age and thereby committed an offence punishable under Section 376 (f) of the IPC and in the same incident, committed her murder. The FIR was lodged vide C.R.No.179 of 2009 at Cuffe Parade Police Station, Mumbai, on 04/09/2009 at 5.50 a.m. The FIR was lodged by the father of the victim. According to him, his daughter was not seen in their hut in the night and therefore, search was taken when she was found in unconscious condition with injuries to her private parts and the Appellant sleeping nearby. Those were the days of Ganesh idol's immersion and therefore, there was heavy police bandobast. The police present near the spot were informed. The Appellant was immediately arrested. The investigation was carried out. Medical examination of the Appellant was conducted. Statements of various witnesses were recorded and at the conclusion of the investigation, chargesheet was filed. As the case was exclusively triable by the Court of Sessions, it was committed to the Court of Sessions for trial.

(3.) During trial, the prosecution examined six witnesses. PW 1 Baban Chavan is the father of the deceased, PW 2 Rukmini Chavan is the mother of the deceased, PW 3 Dr. Nandratna Paikrao who was attached to G. T. Hospital, Mumbai, conducted the postmortem examination on the dead body of the deceased. PW 4 PSI Hanmant Jarag attached to Cuffe Parade Police Station had conducted the initial part of the investigation viz. preparation of inquest panchanama and spot panchanama. PW 5 PI Vilas Bhole attached to Cuffe Parade Police Station had conducted the remaining part of the investigation. PW 6 HC Baban Palve attached to Cuffe Parade Police Station was on duty near the spot when the PW 1 had approached him between 3.00 to 3.30 a.m. on 04/09/2009 telling him about the offence and he had arrested the accused from the spot.