Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
HON'BLE SHRI JUSTICE G. A. SANAP
Chandu @ Chandrashekhar Keshaorao Chambhare – Appellant
Versus
The State Of Maharashtra – Respondent
JUDGMENT :
G.A. SANAP, J.
1 All these appeals arise out of the judgment and order dated 30.09.2011 passed by the learned Additional Sessions Judge, Wardha (for short, ‘the learned Judge’) and therefore, the appeals are being disposed of by common judgment. The particulars with regard to the accused numbers, appeal numbers and sentence can be tabulated as follows:
| Criminal Appeal No. | Accused No. | Name of accused | Sentence |
| 500 of 2011 | 1 | Chandu @ Chandrashekhar S/o. Keshaorao Chambhare | Accused Nos. 1 to 8 are sentenced to suffer rigorous imprisonment for ten (10) years and to pay a fine of Rs.10,000/- each and in default of payment of fine to suffer rigorous imprisonment for one (1) year each for the offence punishable under Section 376(2)(g) of the Indian Penal Code. |
| 7 | Shankar S/o. Kawduji Tadas | ||
| 8 | Ganesh S/o. Bapurao Dhage | ||
| 501 of 2011 | 2 | Prashant Ashokrao Satone | |
| 507 of 2011 | 3 | Ganesh Kashirao Rade | |
| 528 of 2011 | 6 | Pravin Santoshrao Surkar | |
| 4 | Sunil Vitthalrao Warghane | ||
| 568 of 2011 | 5 | Khushal S/o. Rambhau Masulkar |
The accused Nos. 1 to 4, 7 and 8 are also sentenced to suffer rigorous imprisonment for five (5) years and to pay a fine of Rs.5000/- each and in default of payment of fine further sentenced to suffer rigorous im
The prosecution must prove guilt beyond reasonable doubt, especially when the primary witness turns hostile, and reliance on inconsistent testimony and improperly handled DNA evidence is insufficient....
The integrity and chain of custody of DNA evidence are crucial for its admissibility in court, and failure to establish these can lead to acquittal.
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
DNA evidence requires proper documentation and chain of custody to be admissible; conviction cannot solely rely on such evidence without corroborating proof.
The judgment underscores the importance of DNA evidence in sexual assault cases, especially involving vulnerable victims, and affirms the legal protections against such heinous crimes.
The judgment establishes the admissibility and conclusiveness of D.N.A. evidence in proving paternity and the incapacity of a mentally challenged individual to consent to sexual intercourse.
The sole testimony of a victim in sexual assault cases can suffice for conviction if it is credible and inspires confidence, without needing corroboration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
