DNYANESHWAR RAMESH BOBDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Criminal Appeal No. 3/2005, appellant/accused assailed the judgment of conviction in Sessions Trial No. 77/2003 passed by learned Additional Sessions Judge, Yavatmal by which he was convicted for the offence punishable under Section 376 read with Section 511 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2, 000/-in default to suffer rigorous imprisonment for two months. State has filed Criminal Appeal No. 139/2005 for enhancement of sentence.

(2.) Case of the prosecution against the appellant-accused in short is as under.

(3.) Heard learned counsel Shri Abdul Subhan holding for Shri F. T. Mirza, learned counsel for the appellant. He has pointed out cross-examination of material witnesses and submitted that identification parade was not held. Victim was not knowing the appellant before the incident. She has stated name of Mitthu Balya in her evidence but name of appellant is Dnyaneshwar s/o Ramesh Bobde, therefore, there was no proper identification.