DILIP BHARAT GAVAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused is challenging the Judgment and Order dated 29/06/2013 passed by the learned Additional Sessions Judge, Mumbai in Sessions Case No.72 of 2013 thereby convicting the appellant/accused of the offence punishable under Section 376(2)(f) of the Indian Penal Code. He came to be sentenced to suffer rigorous imprisonment for seven years apart from imposition of fine of Rs.5,000/- and default sentence of rigorous imprisonment for three months.

(2.) Facts in brief leading to the prosecution of the appellant/accused are thus :

(3.) I heard Ms.Ayubi, the learned Advocate appointed to represent the appellant/accused at the cost of the State. She argued that the appellant/accused is falsely implicated in the crime in question because of dispute over the property. It is further argued that the prosecution has not adduced any evidence to show that the appellant/accused had taken the the victim female child/P.W.No.1 for commission of the offence alleged against him. She further argued that medical evidence adduced by the prosecution is not corroborating the version of the victim female child/P.W.No.1 and, therefore, the appellant/accused is entitled for benefit of doubt.