PANDURANG MAHADEO AMBULKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein was tried in Sessions Trial No. 592 of 1991 in the Court of Second Additional Sessions Judge, Nagpur, under Sections 363, 342 and 376 of Indian Penal Code.

(2.) The learned Sessions Judge acquitted the accused of the offences under Sections 363 and 342, Indian Penal Code, however, held him guilty for offence punishable under Section376, Indian Penal Code, and sentenced Rigorous Imprisonment for ten years.

(3.) The Appellant raises a grievance against the Judgment holding him guilty. However, unfortunate the incident of assault is, it would be equally unfortunate to hold a person named accused as guilty if he was not properly identified to be the person committing the offence, and the Appellant claims that he is such a victim. According to the Appellant, the Judgment of conviction, which is based on assumption about identification, calls for interference, as it cannot be sustained. According to the learned Advocate for the Appellant, the identification of the accused done by the prosecutrix Ritu before the Court does not answer the requirement of law of identifying the accused.