P. V. HARDAS, J. :- The appellant, who stands convicted for an offence punishable under Section 376(2)(d) of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs.1000/-, in default of which to undergo Simple Imprisonment for two months, by the District Judge-5 & Additional Sessions Judge, Thane, by judgment dated 28/01/2013 in Sessions Case No.107 of 2011, by this appeal questions the correctness of his conviction and sentence.

2. This Appeal was admitted by this Court on 22nd March 2013. This Court, while deciding the Criminal Application No. 336 of 2013 filed by the Appellant seeking suspension of the substantive sentence of imprisonment and his enlargement on bail, pending the decision of the Appeal, permitted the Appellant to file a private paper-book. This Court, by the order dated 11th July, 2013 directed that after the paper-book was filed, the Appeal be listed before the Court for final hearing. Accordingly, this Appeal was listed before us for final hearing.

3. Facts in brief, as are necessary for the decision of this Appeal, may briefly be stated thus :-

PW-12 API Harshvardhan Barve, who on 17.10.2010 was attached to the Vashi Police Station and was on night duty as Station House Officer, was informed by one Saha at about 8.55 a.m. about the incident, which had occurred in the Lotus Hospital at Vashi. Said Saha requested PW-12 API Barve to accompany him to said Hospital. PW-12 API Barve accordingly informed the Senior P.I., namely, PW-11 Rajkumar Chafekar and WPSI Choudhary about the incident and also requested them to come to the Lotus Hospital. PW-12 API Barve gave a letter at Exhibit 39 to the Medical Officer for ascertaining whether PW-2 - victim was in a condition to give her statement. Accordingly, PW-3 Dr. Abhijit Bagul endorsed that PW-2 - victim was in a condition to give her statement. In the presence of WPSI Choudhary, PW-6 Narayan, husband of victim, PW-3 Abhijit Bagul, the statement of PW-2 victim was recorded. Signature of the victim was obtained on her complaint. The complaint of PW-2 victim is at Exh. 30. Upon completion of the recording of the statement, an endorsement of PW-3 Bagul was also obtained on the complaint at Exh. 30. Thereafter, in the presence of panchas, a scene of the offence panchnama vide Exh. 24 was drawn and from the scene of the incident two bed-sheets came to be seized. In the presence of panch as, vide Exh. 25, the clothes of the victim were seized. On the basis of the complaint, at Exh. 30, an offence vide Crime No.449 of 2010 under Section 376(d) of the Indian Penal Code was registered.

PW-11 Senior Police Inspector Rajkumar Chafekar, who was also attached to the Vashi Police Station and who was entrusted with the investigation of the said crime, forwarded the seized articles to the Chemical Analyzer on 19.10.2010 under requisition at Exh. 67. On the same day, other articles had also been forwarded to the Chemical Analyzer under requisition at Exhibit 69. During the custodial interrogation on 21.10.2010, the Appellant expressed his willingness to produce the bottle of the injection "Mezolam" which has been concealed in the I.C.U. Accordingly, a memorandum was drawn in the presence of panchas at Exh. 57. The accused led the police and the panchas to the Lotus Hospital and produced a bottle of the injection "Mezolam" which had been concealed behind rack in the I.C.U. The said bottle of injection was seized in the presence of panchas at Exh. 58. On 28.10.2010 a request was made to the Judicial Magistrate First Class, Vashi, for recording 164 statement of PW-10 Indira and accordingly, 164 statement of PW-10 Indira was recorded at Exh. 63. After receipt of the reports of the Chemical Analyzer at Exhs. 49, 72 and 73, a charge-sheet against the Appellant was filed.

4. On committal of the case to the Court of Sessions, Trial Court, vide Exh.19 framed charge against the Appellant for an offence punishable under Section 376(2)(d) of the Indian Penal Co