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A.H.JOSHI
Ashok Shamrao Thakare – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the parties:
For the Appellant :Mr. M.R. Daga, Advocate.
For the Respondent: Mr. S.B. Ahirkar, APP.

JUDGMENT

A.H. Joshi, J.— This is an appeal by the accused who has been convicted of offence under Section 376(2)(f) read with Section 354 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for three months.

2. The prosecution case in brief is that the victim who is the daughter of accused, was reaped on 24-7-2001 in their own house at about 5.00 pm and the matter was reported by the victim to her mother who is examined as PW 2.

The entire case depends on oral evidence of victim Sandhya and the medical evidence, viz., the medical certificate and the oral evidence of Dr. Nidhi Bhansali who had examined the prosecutrix. The prosecution has tried to improve its case in the midst of the trial by suggesting that there were previous instances of similar occasions of rape. Barring the suggestion, there is no other material to corelate such instance.

3. The prosecutrix Sandhya in very clear terms stated in her deposition that the accused forcibly made her to lay on mat; removed her nicker; committed act of rape and even gave her forcible strokes in the course of commission of o

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