PARVESH S/O. PRALHAD BAGDE Vs. THE STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
Parvesh S/O Pralhad Badge (In ...
The State Of Maharashtra, Through ...
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ROHIT B.DEO,J. -
(1.) Challenge is to the judgment and order dated 10.9.2014 in Sessions Case 139 of 2013 delivered by the Additional Sessions Judge, Chandrapur, by and under which, the accused is convicted for offence punishable under section 363 of Indian Penal Code (IPC) and is sentenced to suffer rigorous imprisonment for three years and to payment of fine of Rs. 500/-, and is convicted for offence punishable under section 366-A of IPC and is sentenced to suffer rigorous imprisonment for five years and to payment of fine of Rs. 1000/- and is further convicted for offence punishable under section 376 of IPC and is sentenced to suffer rigorous imprisonment for seven years and to payment of fine of Rs.1000/-.
(2.) Heard Shri. R.M. Daga, the learned counsel for the appellant (hereinafter referred to as "the accused") and Shri. P.S. Tembhare, the learned Additional Public Prosecutor for the respondent / State.
(3.) The prosecution case, as is unfolded during the course of trial, is thus:- The victim is a resident of Kati Birsola Tahsil and District Gondia and was studying in 9th standard in the year 2012-13. During the summer vacation, she visited her uncle Yograj Dongarwar at Mul and was desirous to join sewing classes. Yograj Dongarwar, found the victim missing in the night intervening 5 th and 6th June, 2013. He came to know that the victim was in love with accused. Yograj lodged police report Exh. 10 on the basis of which offence under section 363 and 366-A of the IPC was registered against the accused and was investigated by PW 7 Shri. Undirwade. PW 7 recorded the spot panchanama Exh. 17, arrested the accused, collected and seized blood sample, pubic hair and clothes of the accused and collected the birth certificate of the victim.
The victim who then aged about 16 years was sent to General Hospital, Chandrapur for medical examination on 16.6.2013. PW 8 Dr. Swapna examined the victim, found the hymen torn, the vagina admitted two fingers easily. She opined that sexual intercourse had taken place. The Investigating Officer Shri. Undirwade submitted chargesheet in the Court of Judicial Magistrate First Class, Mul under section 363 , 366-A and 376 of the IPC. The learned Magistrate committed the proceedings to the Sessions Court. The learned Sessions Judge framed charge under sections 363 , 366-A and 376 of the IPC. The accused abjured guilt and claimed to be tried. The defence, as is discernible from the trend of the cross-examination and the statement recorded under section 313 of the Code of Criminal Procedure, is of total denial. ;
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