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2017 Supreme(Bom) 1141

A.M.BADAR
Pramod Laxmikant Upadhya – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Ms. Apeksha Vora
For the Respondent-State: A.R. Kapadnis, V.G. Bagade

ORDER :

A.M. Badar, J.

This is an application for suspension of sentence and release of applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused has been convicted of offences punishable under Sections 376 and 392 of the IPC. He has been sentenced to suffer rigorous imprisonment for 10 years apart from payment of fine of Rs. 10,000/- for the offence punishable under Section 376 of the IPC. For the offence punishable under Section 392 of the IPC, he has been sentenced to suffer rigorous imprisonment for 7 years apart from payment of fine of Rs. 5,000/-.

2. Heard the learned advocate appearing for the applicant/accused. She argued that medical evidence adduced by the prosecution is not consistent with the version of the prosecution. She argued that evidence of PW14 Dr. Hemlata Pandey shows that the applicant/accused is a probable biter. She had examined the prosecutrix on 24th January 2014. However, her evidence shows that the size of injury on the victim is more than the size noted by PW19 Dr. Chitwan Dubey. The learned advocate further argued that the fact that the brassiere of the prosecutrix was seized from her falsifies the story of bite marks on















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