Hanmant S/o. Mashna Ibitwar VS State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ABHAY S. WAGHWASE
Hanmant S/o. Mashna Ibitwar – Appellant
Versus
State of Maharashtra – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Rakhi Sundale, Advocate, Mr. U. L. Momale, Advocate
For the Respondent: Mr. D. R. Korade, APP

JUDGMENT :

1. Appellant herein is challenging judgment and order of conviction recorded by learned Additional Sessions Judge, Kandhar dated 05.11.2004 rendering conviction for offence punishable under sections 376 and 323 of Indian Penal Code (IPC).

2. In nutshell, prosecution version in trial court is that, on 25.08.2003 victim PW5 was returning home from her field around 5:30 p.m. after she had accompanied her parents since morning. When she reached near field of one Gurling, accused who was coming from opposite direction caught her hand, pulled her near a hillock and after making her fall, committed intercourse with her. He also hit her on the face. When her brother came, accused assaulted her brother. After coming home, she reported the occurrence to her father and on next day, they approached Mukramabad police station, where her statement was recorded and crime was registered.

After being charge-sheeted, appellant was tried by learned Additional Sessions Judge, Kandhar vide Sessions Case No. 156 of 2003 and held guilty for both offences under sections 376 and 323 of IPC.

Feeling aggrieved by the above, instant appeal has been preferred.

3. Original complainant has also preferred cr