PRAMOD LAXMIKANT UPADHYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved with and dissatisfied by the impugned judgment and order of conviction dated 21st May, 2015 passed by the Digitally Shailaja signed by Shailaja Halkude learned Sessions Judge, Mumbai, in Sessions Case No.534 of 2014 convicting the appellant of the offences punishable under section 376 and 392 of the Indian Penal Code, (for short 'I.P.C'), the present appeal has been filed amongst following facts and grounds:

(2.) On 24th January, 2014, at around 7.00 a.m, when she regained her consciousness, she found herself admitted in the Hospital with several injuries on her person. She had a contusion over her head, bruises on her hands and legs as well as bite marks on her breasts. She had also pain in her private part. She realized that something had gone wrong with her.

(3.) Police Station at Powai received an information on 24 th January, 2014 at about 8.00 a.m from Seven Hills Hospital that there was a case of sexual assault and rape. P.W.24-Rajeev Chavan is the Investigating Officer of this case. Station diary entry was effected. He formed a team. Lady Police Sub Inspector Naik recorded statement of the victim. An offence came to be registered under section 376 and 392 of the I.P.C vide C.R. No.47 of 2014. Investigating Officer had collected CCTV footage from Rainbow Society. A team from Forensic Science Laboratory, Kalina was pressed into service. Since seven Hills Hospital was newly established, the requisite forms were called for from K.E.M Hospital, Mumbai. Statements of the witnesses were recorded. Clothes of the victim were seized in the presence of Panchas (Exhibit 92). It comprises a s black coloured long top and a black coloured bra.