VASANT HINDURAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against conviction of the Appellant for the offence punishable under Section 354 of the Indian Penal Code and sentence to suffer R.I. for six months and fine of Rs. 1,000/- or in default to suffer R.I. for 3 months, imposed upon the Appellant by the learned Additional Sessions Judge, Kolhapur, on conclusion of Sessions Trial No. 105 of 1992.

(2.) The facts which are material for deciding this appeal are as under:

(3.) On the next day, a report was given to the police whereupon an offence was registered and investigation commenced. In the course of investigation, Investigating Officer seized the clothes of the victim and sent them to the Forensic Science Laboratory, where they were found to have two stains of blood. Victim was also sent for medical examination which, however revealed that the victim did not have any injury on her person and there was no evidence of any rape. The Investigating Officer, performed panchnama of spot, recorded statement of witnesses and on completion of investigation sent chargesheet to the Court of Judicial Magistrate First Class, Vadgaon, who committed the case to the Court of Sessions.