NITIN LAXMAN TALOSKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal is preferred by the appellant accused challenging the order of his conviction passed in sessions Case No. 345 of 2002. The said judgment and order was passed by the Additional Sessions Judge, Greater Bombay th (the"trial Court"for short) on 28april, 2003. By the final order the appellant was convicted for the offence punishable under section 307 of the I. P. C and sentenced to suffer R. I. for period of ten years and to pay a fine of Rs. 5,000/-and in default to suffer further rigorous imprisonment (R. I.) for six months.

(2.) By the same order, the appellant was acquitted for the offence punishable under section 37 (1) (a) r. w. s. 135 of the Bombay Police Act, 1951 and 25 (1-B) (b) of the Indian arms Act,1959. During the pendency of the trial before the sessions Court, the appellant -accused was on bail. However, after conviction on 28th April 2003, he was taken in the custody and since then he is in jail.

(3.) During the trial, total 11 witnesses were examined. Such as P. W. 1 Tushar Manohar Patil (complainant)P. W. No. 2 victim girl, Ms Darshana Madhukar Patil, P. W. 3 pratik Joshi, classmate of the injured victim and eye witness to the incident of assault, P. W. No. 4 Manisha patil, mother of the victim girl, P. W. No. 5 Dr S. Balsubramaniam (RMO) Sion Hospital, P. W. No. 6 Mahesh thombare, another eye witness, who happened to be present on the spot during the incident of assault and who reported the incident to P. W. 1 Tushar Patil, P. W. No. 7 is panch regarding recovery of the clothes and the weapon at the instance of the appellant -accused. P. W. No. 8 is P. S. I. Telang, an investigating Officer. P. W. No. 9 is another Dr Vivek Shetty from Hinduja Hospital where the victim girl was transferred on 1. 12. 2001 and was an indoor patient till 5. 12. 2001. Whereon 3. 12. 2001 operation was performed on her left forearm repairing the two tendons so as to get back the usual movements of her fingers and thumb. P. W. 10 is the Head constable Vijay Wange and P. W. No. 11 is another I. O. , prasanna More, who concluded the investigation.