The central legal point established in the judgment is the necessity of proper identification of the accused and the requirement to record evidence in the presence of the accused.

Headnote:
Criminal Appeal - Conviction under sections 376(2)(g), 448, and 354 of Indian Penal Code - Summary of Acts and Sections: Indian Penal Code, sections 376(2)(g), 448, 354 - The court discussed the evidence related to the identification of the accused, medical examination, and reports of the Chemical Analyser. The judgment highlighted the importance of proper identification of the accused and the necessity of recording evidence in the presence of the accused. The court found that the prosecution failed to establish the identity of the accused and acquitted the appellants.
Fact of the Case:

The prosecution alleged that the appellants committed sexual assault on the prosecutrix. The trial court convicted the appellants based on the evidence presented by the prosecution.
Finding of the Court:

The court found that the prosecution failed to establish the identity of the accused beyond reasonable doubt. It highlighted the weaknesses in the evidence related to identification and medical examination. The court also emphasized the importance of recording evidence in the presence of the accused.
Issues: The key issues included the identification of the accused, the reliability of medical examination evidence, and the recording of evidence in the presence of the accused.
Ratio Decidendi: The court emphasized the necessity of strong evidence to establish the identity of the accused and the importance of recording evidence in the presence of the accused. It held that the prosecution failed to meet the burden of proof.
Final Decision: The court acquitted the appellants of the alleged offences and allowed the criminal appeals.

JUDGMENT - V.K. BARDE, J.:---Criminal Appeal No. 284/1995 is a jail appeal filed by the two convicts, Baban and Shaikh Sikandar. While, Criminal Appeal No. 288/1995 is filed by convict Shaikh Iliyas. These two appeals are arising out of the order of conviction and sentence passed by the Additional Sessions Judge, Parbhani, in Sessions Case No. 122/1993, for offence punishable under sections 376(2)(g), 448 read with section 34 and section 354 of Indian Penal Code. Hence, these two appeals are being disposed of by the common judgment.

2.The prosecution case is as follows :

(a) On 13-11-1992, at about 10-30 p.m., Radhabai was sleeping in her hut in Zopadpatti area at Parbhani. Her son of 10-12 years of age, Rama, was also sleeping in the hut. There was knock at the door and Radhabai opened the door. Iliyas was standing in the door and he demanded sexual intercourse with Radhabai. Immediately, Iliyas and two persons who were with him entered into the hut. They caught her. Radhabai was wearing saree. It was removed. She was made naked and was made to lie down on the cot. Radhabai was shouting. Her son, Rama, also started shouting.

(b) Then Iliyas asked one of his accomplice to catch hold of Rama. Iliyas then spread thighs of Radhabai and sat on her thighs. The other accomplice, Baban, had caught both hands of Radhabai. Iliyas committed rape on Radhabai and then he asked Baban to have intercourse. Iliyas then caught hands of Radhabai and then Baban committed rape on Radhabai.

(c) Thereafter, Baban asked the third person Khatik to have intercourse. Khatik declined to have intercourse with Radhabai, but said that, he would only press her breast and he pressed her breast. On hearing shouts of Radhabai, two neighbours, Balu Aabhure and Baban Uphale, reached there. On seeing them, all three accused ran away. Radhabai then immediately went to the Police Station and lodged the report. Crime No. 242/92 was registered and the Police took up the investigation.

3.At about 5 a.m. Radhabai was sent to Government Hospital at Parbhani for medical examination. At about 7 a.m., P.S.I. Nandedkar arrested accused Iliyas. Accused Iliyas was also sent for medical examination to the Government Hospital at Parbhani. The P.S.I. then prepared panchanama of the place of incident and seized saree and blouse of Radhabai from that place. On returning to the Police Station, the trouser worn by Iliyas was also seized by the police under panchanama. The further investigation was carried out. But the other two accused could not be arrested till 10th March 1993. After the arrest of the other two accused, samples of the blood and semen were collected and the same were sent to Chemical Analyser for examination. Earlier the saree of Radhabai and trouser of Iliyas were also sent to Chemical Analyser for examination and report. So also, the samples of blood and semen of Shaikh Iliyas were sent for examination and report to Chemical Analyser.

4.The charge sheet was submitted against the three accused before Judicial Magistrate (F.C.), Parbhani, for offence punishable under sections 376(2)(g), 448, read with section 34 of Indian Penal Code, and section 3(1)(ii) of the Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Judicial Magistrate (F.C.) committed the case to the Court of Sessions at Parbhani.

5.The learned Sessions Judge, Parbhani, framed charge against the accused for offence punishable under section 448 read with section 34, section 376 read with section 34, and section 354, all under Indian Penal Code, as per Exhibit 1, but did not frame charge for offence punishable under section 3(1)(ii) of the Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Act, 1989.

6.The Additional Sessions Judge, Parbhani thereafter conducted the trial against the three accused. He recorded deposition of the prosecution witnesses, statements of the accused under section 313 of Cr.P.C., and then came to the conclusion that the prosecution proved the cas

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Judicial Analysis