PANDIT ONKAR SAPKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Additional Sessions Judge Pune accepting the testimony of prosecutrix PW 2 Kavita recorded a finding of conviction against the appellant-accused for having committed offences punishable under section 376 and section 342 Indian Penal Code. Challenge inter alia put forth by Advocate Ramrao Adik, Senior counsel appearing for the Appellant is that the entire prosecution case is concocted and fictitious. To appreciate the ground, with assistance of the learned counsel for the parties, we have gone through the evidence.

(2.) THE precise claim of the prosecutrix as extracted form the evidence is thus:

(3.) CONSEQUENTLY , the appeal is allowed. The conviction and sentence as recorded by the Additional Sessions Judge, Pune is hereby set aside. Accused be released forthwith. Fine if paid is to be refunded.