ARUN JAYSINGH KHANDAGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants-accused nos. 1 to 4 were charged under section 376 (g), 354, 504 read with Section 34 of the Indian Penal Code and were tried for the said offences in the Court of Sessions Judge at Solapur in Sessions Case No.140 of 1996.

(2.) BY the judgment and Order dated 1st March, 1997, the learned Sessions Judge convicted the appellants for the offence punishable under section 376 (g) of the Indian Penal Code and sentenced them to suffer R. I. for 10 years and to pay a fine of Rs. 1,000/- each and in default to suffer further R. I. for 90 days. The accused were acquitted of the offences punishable under section 354, 504 and 506 read with Section 34 of the I. P. C.

(3.) IN support of its case as regards the incident in question the prosecution examined P. W. 1 the prosecutrix, and P. W. 5 Nagnath. Details of investigation are provided by P. W. 7 Moinuddin Naikwadi, PSI Daund Railway Police Station, P. W. 11 Nagnath Sadashiv Bhosale P. S. I. Railway Dhond, P. W. 12 Ganpat Kamble A. P. I. Pune Railway Station, Pune and P. W. 8 Head Constable Ramdas Hole Pune Railway Station Pune, who effected arrest of accused nos. 3 and 4.The medical evidence is given by P. W. 13 Dr. Shantanu Abhyankar who has examined the prosecutrix, P. W. 14 Dr. Balaji Jadhav, who has examined accused nos. 3 and 4 and P. W. 16 Dr. Ulhas Jadhav, Medical Superintendent Rural Hospital, District Pune who has examined accused nos. 1 & 2.Since the evidence of identification parade is rightly rejected by the Sessions Judge, in our opinion, it is not necessary to refer to it.