Bombay High Court
Taku @ Sagar Dayanand Shinde vs The State Of Maharashtra on 10 February, 2025
2025:BHC-AUG:3641
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 138 OF 2024
Taku @ Sagar Dayanand Shinde
Age: 27 years, Occu.: Nil,
R/o. Deulgaon Ghat, Tq. Ashti,
Dist. Beed. ... Appellant
Versus
The State of Maharashtra
Through the Ambhora Police Station,
Ashti, Tq. Ashti, District Beed. ... Respondent
......
Mr. Girish V. Wani, Advocate (appointed) for Appellant
Mr. C.V. Bhadane, APP for Respondent No.1 - State
Mr. Rupesh Jaiswal, Advocate (appointed) for Respondent No.2
......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 06 FEBRUARY, 2025
PRONOUNCED ON : 10 FEBRUARY, 2025
JUDGMENT :
-
1. Appellant/convict takes exception to the judgment and order
dated 27.03.2023 passed by learned Special Judge (POCSO), Beed in
Special POCSO Case No.74 of 2021 recording guilt of the appellant
for offences under Section 376(AB), 376(2)(f) and 377 of the Indian
Penal Code read with Section 6 of the POCSO Act.
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PROSECUTION CASE IN BRIEF
2. Ambhora Police Station, District Beed registered the crime
bearing No.150 of 2022 for above offences on report received from
the mother of the victim, who gave information to police that her
victim daughter aged 7 years was sexually ravished and exploited by
the present appellant, who happens to be her uncle. On above report,
crime was registered, investigated and appellant was chargeheeted
for the above offence and finally tried by learned Special Judge, who
examined as many as 11 witnesses, and on appreciating oral
evidence of witnesses and on appreciating documentary evidence
apprising of FIR, medical papers, birth certificate, etc., learned trial
Judge accepted the prosecution story and recorded guilt holding
appellant guilty for above offences.
Feeling aggrieved by the judgment and order of conviction,
instant appeal has been preferred on various grounds mentioned in
the appeal memo.
SUBMISSIONS
On behalf of appellant :
3. Learned counsel for the appellant pointed out that there is
false implication. That, there is no cogent, reliable, trustworthy
evidence. That, report is lodged on information allegedly given by the
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mother of the victim. He pointed out that, on the alleged dated, there
was some ritual of 7th day of death of grandfather of victim. That,
almost 200 guests had gathered, but none of them has been
examined, nor did any of them report the incident to police. Learned
counsel pointed out that, victim was playing for the entire day. That,
there is no prompt reporting. That, there is dispute for giving land for
cultivation, and as such, there is possibility of false implication. For
all above reasons, he questions the findings and conclusion reached
by the learned trial Court and prays to allowed the appeal by giving
benefit of doubt.
On behalf of State :
4. Learned APP, who strongly opposed pointed out that, vicitim
was barely of 7 years of age. That, the present appellant is the
paternal uncle. That, he allegedly took the victim onto his lap and
inserted his penis into her anus. That, there are blood stains in the
leggings of the victim. That, immediately after the incident, victim
has reported to her mother and she is also noticed the blood stains.
That, police have duly approached and registered the crime. That,
victim was examined medically. Therefore, there is statement of both
informant-mother as well as victim and other witnesses. That, their
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evidence has remained intact, undisturbed or undiminished. That,
there is nothing to suggest false implication and as charges are
squarely proved, learned APP submits that there no need to disturb
the sound and reasoned judgment recorded by the learned trial
Judge.
On behalf of Victim :
5. Learned Counsel appointed to represent the victim also
strongly objected. According to him, victim was proved to be 7 years
of age. Even according to him, medical evidence is supports the
prosecution case. That, grave offence has been committed on minor
by the appellant, who is none other than paternal uncle. At the end,
he supports findings and reasons assigned by learned trial Court in
convicting appellant.
STATUS AND ROLE OF PROSECUTION WITNESSES
6. In support of its case, prosecution has examined as many as
five witnesses. Their role and status and the sum and substance of
their evidence can be summarized as under :
PW1 Seema is mother of the victim. At Exhibit 26/C, she deposed as
under as under :
"1] I am residing with my husband, in-laws and my children
at the above address. Victim is my daughter. At the time of
lodging FIR my daughter was 7 years old and she was studying
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in 2nd standard. I know the accused he is the cousin brother of
my husband. The name of father of accused is Dayanand
Shinde. Accused and his family members are our neighbour.
Date of birth of my daughter i.e. victim is 04/02/2014. She
born at Cantonment Hospital, Ahmednagar at my maternal
home. After the birth of my daughter, we have registered her
birth with the Cantonment Municipal Council, Ahmednagar.
During the investigation, I have handed over the original birth
certificate to police. Now, I am shown the original birth
certificate of my daughter, issued by Cantonment Municipal
Council, Ahmednagar, in which date of birth of my daughter is
mentioned as 04/02/2014, it also appeared my name and my
husband and its registration dated is 11/02/2014. Its contents
are true and correct. It is marked as Exh. 27.
2] The incident happened with my daughter on
05/06/2021. On that day, there was post death 7 day of my
grand-father-in-law. All the relatives and other guest wore
arrived at our home. The sister of accused along with her two
small children were also came. My daughter/victim went at the
house of accused for playing with the children of sister of
accused. At about 2:30 p.m., my daughter/victim returned
home. She asked me change her legin. I had seen blood stain on
her legin and leg. I took my daughter/victim in the room where
my mother-in-law and sister-in-law was sitting. My mother-in-
law inquired with my daughter/victim and they asked her
where she went. My daughter/victim informed that she went to
play with the toddler of Chakuli. She informed that accused to
whom victim called Thaku Kaka removed her pant, he made her
sit on his thigh and he inserted his penis in her anus. She was
having pain and she was crying. Therefore, I along with my
mother-in-law and my husband went at the house of accused.
We went at the house of accused he was not present there.
Meantime some one called the police, therefore, police came to
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at our village. Thereafter, police send us at the Government
Hospital Ahmednagar, for giving treatment to my
daughter/victim. Doctor had done medical examination of my
daughter/victim in my presence. After medical examination my
daughter/victim, we went to police station Ambhora, Taluka
Ashti, District Beed. At police we lodged the complaint against
the accused. Now, I am shown the complaint, is the same. It was
recorded as per my say. It bears my signature. Its contents are
true and correct. It is marked as Exh. 31. Now, I am shown the
proforma of FIR, is the same. It bears my signature. Its contents
are true and correct. It is marked as Exh. 31/A.
3] After lodging the FIR, under panchanama I have handed
over clothes of my daughter/victim which she wore at the time
of incident. I am able to identify the cloths if shown to me. Now,
I am shown black and brown colour legin is the same. It is
marked as article-1. Now, I am shown one orange blue and off
white colour big cheks frock is the same. It is marked article-2.
4] Next day, police came to our village to draw the spot
panchanama. I have shown the place to the police. Police
recorded my supplementary statement on 07/06/2021.
Thereafter, police also referred me before the Id. Magistrate for
recording my statement. My statement came to be recorded
before the Magistrate as per my say. Now, I am shown my
statement recorded before the Magistrate Court at Ashti. It was
recorded as per my say. It bears my signature. Its contents are
true and correct. It is marked as Exh. 32. On 07/06/2021,
police recorded the statement of my daughter/victim in my
presence. Accused is the same, present before the Court sitting
in the dock.
PW2 Victim deposed at Exhibit 35 as under :
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"1] At present I am in 3rd standard. I am residing with my
parents, grand-mother and brother. I like to play with doll and
utensils. At the time of incident, I was in 2 nd standard. On the
day of incident, there was post death 7th day of my grand-father
to whom I called Dada. On that day all the guest were came at
our house. In the afternoon, I went to play with Pillya. At that
time Taku Kaka (Accused) called me for reading book. I went at
the house of Taku kaka. At that time beside me and Taku kaka
no one was there. Taku kaka removed my pant. He also
removed his pant and he put his place of urinal in my anus. I
had a pain Therefore, I was crying. Thereafter, I returned to my
home. My mother asked me the reason of crying and took me to
my grand-mother. Mummy and my grand-mother took smell of
my pant. Then, both of them went at the house of Taku kaka.
2] Police madam inquired with me. Police also referred me
at Nagar hospital for examination. Police also referred me
before Ashti Court for recording my statement. Judge Sir,
inquired with me and recorded my statement. Accused
produced through V.C. Victim identified the accused."
PW3 Bharat Gavande has acted as pancha to spot panchanama
Exhibit 38 :
"1] I am serving as teacher in Z. P. Primary School, Deolgaon
Ghat. Taluka Ashti. On 06/06/2021, I was present at my house,
at that time I have received call from PSI Lokhande. He asked
me to remain present at the spot. Thereafter, I went to
Vitthalwadi Vasti. At that time, another panch Changdeo Shinde
was also present. IO along with police officer, informant along
with her daughter/victim were also present. Informant showed
the spot. The spot of incident is the house of Dayanand Shinde.
The said room was locked, police opened the said lock in my
presence. We entered in the said house. There was koba
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flooring, roof of the said room was of tin shade. There were
blood stains on the koba flooring. Police socked said blood
stains in the cotton cloth and seized and sealed in front of us.
Accordingly, police prepared spot panchanama in our presence.
After going through the contents I have signed on the said
panchanama. Now, I am shown the said panchanama, is the
same. It bears my signature at serial no. 1, at serial no. 2 it
bears the thumb impression of another witness and counter
signed by IO. Its contents are true and correct. It is marked as
Exh. 38."
PW4 Krushna has acted as pancha to seizure of chothes of victim as
well as accused vide panchanama Exhibits 45 and 49
respectively. He deposed as under :
"1] I am working as a driver at PWD, Asht. On 05/08/2021, due
to Covid-19 my vehicle was on requisition, therefore, I was attached
to Ambhora Police Station. On 05/06/2021 at about 9:00 to 9:30
р.м. police seized the cloths of victim girl in my presence. The
mother of victim girl handed over the said clothes to Police. It was
one legin and one frock. I am able to identified the said clothes if
shown to me. Now. I am shown black and brown colour legin is the
same. It is already marked as Article-1. Now, I am shown one orange
blue and off white colour big checks frock is the same. It is already
marked Article-2. Police sealed the said clothes in one big envelop
and sealed the same. Police affixed the label of signature of we
panchas on the said envelop Accordingly, police drawn the
panchanama in my presence. Now, I am shown label affixed on the
envelop of Article-1/A, is the same. It bears my signature at serial
no. 1. It is marked as Exh. 43. Now I am showm label affixed on the
envelop of Article-1/B, is the same. It bears my signature at serial
no. 1. It is marked as Exh. 44
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2] Thereafter, police prepared panchanama and took my
signature on the panchanama. Now, I am shown said panchanama,
is the same. It bears my signature at serial no.1. Signature of
another panch Navnath Bhoje is at serial no. 2 and countersigned by
IO. It also bears thumb impression of, accused. Its contents are true
and correct. It is marked as Exh. 45.
3] On 06/06/2021, I was also attached to Ambhora Police
Station. The relatives of the accused brought the clothes. Whatever
the clothes accused wore he changed the said clothes and handed
over the clothes to the Police in my presence. It was one T shirt,
night pant and one underpant having red colour stains. Accordingly,
police prepared the panchanama. Now, I am shown one sky blue
colour T shirt, is the same. It is marked Article-3, Police seized the
sky blue colour T shirt in one big envelop and affixed the label of
signatures of we panchas on it. Now, I am shown the label affixed
on the envelop of Article-3. It bears my signature at serial no.1. Its
contents are true and correct. It is marked as Exh. 46. Now, I am
shown one black colour night pant. which was seized in my
presence, is the same. It is marked Article-4. Police seized one night
pant in one big envelop and affixed the label of signatures of we
panchas on it. Now, I am shown the label affixed on the envelop of
Article-4. It bears my signature at serial no.1. Its contents are true
and correct. It is marked as Exh. 47. Now, I am shown purple colour
underpant with red colour stains, which was seized in my presence,
is the same. It is marked Article-5. Police seized the one purple
colour underpant with red colour stains pant in one big envelop and
affixed the label of signatures of we panchas on it. Now, I am shown
the label affixed on the envelop of Article-5. It bears my signature at
serial no.1. Its contents are true and correct. It is marked as Exh. 48.
4] Thereafter, police prepared panchanama and took my
signature on the panchanama. Now, I am shown cloth seizure
panchanama of accused, is the same. It bears my signature at serial
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no.1. Signature of another panch Navnath Bhoje is at serial no. 2
and countersigned by 10. It also bears thumb impression of accused.
It's contents are true and correct. It is marked as Exh. 49. Accused is
the same present before the Court who has handed over the clothes
to Police."
PW5 Dr. Sachin Solat, was the Medical Officer, Government Hospital,
Ahmednagar, who had conducted the medical examination of
victim and prepared medical report and MLC certificate at
Exhibits 56 and 57 respectively.
"1] My education qualification is MBBS MD DCH. Since 2016, I
am attached to Government Hospital, Ahmednagar. On 05/06/2021
I was on duty at Casualty in Government District Hospital,
Ahmednagar. On 05/06/2021, LPC Khandagale attached to Ambhora
Police Station she brought victim with her and also brought one
letter for examination of 7 years old victim. Now, I am shown the
said letter is the same. It addressed to our Hospital. It bears my
acknowledgment. Its contents are true and correct. It is marked as
Exh. 54.
2] The victim was also accompanied with her mother. Victim
brought before me at 4:30 p.m. Accordingly, I have prepared the
OPD paper of the victim. Now, I am sown the O. C. of OPD paper. It
is vide MLC No. 2750. It bears my signature. Its contents are true
and correct It is marked as Exh. 55.
3] After obtaining the consent of the mother of victim. I have
examiner her. Victim narrated the history accused Taku removed her
pant, he also pulled down his pant a little. He made her sit on his
lap. He put his penis in her anus.
4] I have called on call Gynecologists Dr. Ghugare and surgeon
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Dr. Gajanan Wangal. He was also with them at the time of
examination of victim. I have examined victim along with both the
doctors in presence of female nurse. I have obtained the consent of
mother by taking her signature and thumb impression of the child. I
have noted down the identification mark of the victim girl.
5] Thereafter, I took her medical history. I have found that she
has not yet started her menses. She had received all her vaccination
till 5 years of her age. Thereafter I have noted down the history of
sexual violence. The time of incident 2:30 p.m. at Devalgaon Ashti.
Name of assailant told by child Sagar Dayananad Shinde to whom
she was called as Taku Kaka. The age of the accused is 24 years and
he is her paternal uncle. Thereafter, victim narrated the history as
stated above. Uncle lured her by showing mobile and book. In detail
girl told that there was penetration in the anus. But, she did not
know about emission of semen. She also told that the perpetrator
exhibit his genital and accused also touched her lips, mouth and
thighs. When asked she didn't know whether the condom was used
or not. After the incident victim didn't change her clothes, didn't
wash the clothes. She also didn't take bath. She also didn't pass urine
stools. She has taken water and food after the incident.
6] At the time of examination the time since incident was 2
hours. The anal bleeding was present. The child didn't have fever
and other general examination was within normal parameters. She
had mild pain and tenderness in lower abdomen. No any other
external injury found anywhere on the body. Blood stains was seen
on the left leg on medial malleolus. On anal examination, it was
found that there were two torn linear ulcer one at 5 o'clock position
and other at 7 o clock position The wounds were fresh. But, no
active bleeding was present at the lime of examination.
7] After that we collected the swab from anus. Swab of blood
stain on left ankle. Blood in plain bulb. Blood in citrate bulb. Nail
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clipping of the girls and Vulval swab. The samples were sealed label
and handed over to Police. The clothes of the girl were also sealed
and handed over to LPC Khandagale, Ambhora Police Station.
8] I have given treatment to the child. I have prepare the said
report in my hand-writing. Now, I am shown pink colour medical
papers vide MLC no. 2750 dated 05/06/2021. Page no. 1 to 8, 11
and 13 it bears my signature. Page no. 9, 10 and 12 is bears my
signature and signatures of Gynecologists Dr. Ghugare. Its contents
are true and correct. It is marked as Exh. 56 and I have given my
opinion that there was no sign of physical violence, However, there
was sign suggestive of recent forceful sexual anal intercourse or
violence. Final opinion will be given after the report of FSL. I have
gone through the FSL report, the blood stains in the legins of the girl
belong to accused Sagar Dayananad Shinde. My final opinion is that
there was sexual assault on the victim by accused Sagar Dayananad
Shinde. I have also prepared the MLC certificate of the victim girl.
Now, I am shown said certificate dated 05/06/2021. It is in my
hand-writing. It bears my signature. Its contents are true and correct.
It is marked as Exh. 57.'
PW6 Rahul Lokhande, PSI, who has recorded the complaint of the
informant.
PW7 Dr. Sachin Palwade, was the Medical Officer, PHC Dhamangaon,
who had conducted the medical examination of the accused
and prepared medical report at Exhibit 62.
"1] My education qualification is MBBS. Since 29/01/2021 to
30/06/2021, I am attached to PHC, Dhamangaon, Taluka Ashti. On
07/06/2021, on was in 24 hours duty from 9:00 a.m. to next day
9:00 a.m. On 07/06/2021, I have received letter from Ambhora
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Police Station dated 06/06/2021 for medical examination of accused
Taku @ Sagar Dayanand Shinde. Now, I am shown the said letter, it
bears my endorsement. Its contents are true and correct. It is marked
as Exh. 61.
2] Accused brought before me on 07/06/2021 at about 12:30
afternoon by API D. B. Kuklare in CR No. 150/2021 lodged with
Ambhora Police Station. First I have obtained the consent of accused
by taking his signature in presence of witness. Thereafter, I have
noted down identification mark of the accused mole on the left on
the second finger and mole on the nose on the left side.
3] I have done the physical examination of the accused. I have
done the local examination of genitals of the accused. I have
examined his penis. I have verified the history of circumcision. I have
examined his scrotum on which I have found scrotum is pendulous.
Both the testis present in his scrotum. I have also noted the injury on
the prepuce of penis which is highly suggestive of forceful
intercourse.
4] I have prepared this medical report of the accursed in my
hand-writing. It bears my signature. Its contents are true and correct.
It is marked as Exh. 62.
5] I have given provisional opinion after examining the Sagar
Shinde that there is nothing to suggest that male examining is not
capable for performing sexual activities. My final opinion is also
same.
6] After examination, I have collected semen sample, pubic hair
sample, nail sample and blood sample of the accused. Now, lam
shown the OPD paper in which I have mentioned about the sample
collection. It bears my signature. Its contents are true and correct. It
is marked as Exh. 63. Accused is the same present before the Court to
whom I have examined on 07/06/2021."
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PW8 Dnyaneshwar Kuklare, API, is the first Investigation Officer.
PW9 Rahul Gurkhude, Police Head Constable, is the carrier, who
submitted the blood samples of accused at FSL Aurangabad.
PW10 Salam Ahmed, Police Naik, is the carrier API, who has deposited
the clothes of victim and accused along with their samples
collected by medical officer.
PW11 Rani Sanap, PSI, is the first Investigation Officer.
ANALYSIS
7. Witnesses can be grouped in the following categories:
First set - informant-mother and victim;
Second set comprising of Medical experts, and;
Third set comprising of panchas, police official, etc.
Their examination in chief has already been reproduced in
aforesaid paragraphs.
8. Here, considering the nature of the accusations and charges,
the testimony of the informant-mother, and particularly the medical
experts, is of significant importance. However, before adverting to
their evidence, at the outset, it needs to be ascertained whether
prosecution has discharged burden of framing the victim to be minor
as there are allegations of POCSO Act.
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9 Here, informant-mother while deposing had placed on record
very original birth certificate issued by the Health Department,
Government of Maharashtra and it is marked as Exhibit-27. It is in
original form. The date of birth of victim is shown as 04.02.2014, and
alleged occurrence is of 05.06.2021. Therefore, taking both such
dates into consideration, victim is proved to be a minor on the date of
occurrence having settled the issue of age. Now, it is to be seen
whether further the allegations of offence alleged are substantiated
by credible evidence.
10. Again, we have to follow back at the evidence of victim
followed by informant-mother.
Victim is examined as PW-2, and in her evidence at Exhibit-
35/C, she has stated that she is in 3rd standard, and at the time of the
incident she was in 2nd standard. She testified that, on the day of the
incident, it was the seventh day after the death of her grandfather,
and as such, all the guests had gathered at their house. She claims
that, in the afternoon, she went to play with others. At that time,
present appellant to whom victim called Taku Kaka called her for
reading book. She went in his house. She deposed that no one was
present there except her uncle. He removed her pant, he also
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removed his pant. She claims that he put his male organ in her anus.
That, there was pain, therefore, she cried. She returned home and
when her mother asked her the reason of crying. Both her mother as
well as grandmother took smell of her pant and they went to the
house of accused.
The victim is subjected to cross-examination. In paragraph 3 it
is brought on record that, she was playing with others. She denied
about any quarrel between anyone or even any quarrel between
elders. Then, she answered in paragraph 4 that after the programme,
police had come to the house and had conversation with her. She
totally denied that her father and mother told her what to tell the
police. Rest is all denial.
11. PW-1 informant-mother, is examined at Exhibit-26/C. She also
stated that the incident happened to her daughter on 05.06.2021.
There was 7th post death ritual of her father-in-law. She claims that,
at 2:30 p.m., her daughter returned home, who asked to change her
leggings. She claims that, she saw blood stains on her leggings and
leg, and therefore, she and her mother-in-law as well as sister-in-law
inquired with the victim as to whether she had been. Her daughter
allegedly told her that accused to whom she called Thaku Kaka
removed her pant and inserted his penis in her anus. She was having
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pain and she was crying, and therefore, victim was taken to the
house to the appellant, but he was not present. Meanwhile, police
had come and recorded her say, the same is identified by her at
Exhibit-31.
Above witness is also extensively cross-examined. Relevant
cross is on aspects of function held on 7 th day of death of her father-
in-law, strength of witness arriving, timing of having lunch, distance
of house of accused from the said place, and whether he owns land.
She denied that agricultural land which they were cultivating owned
by Dagdu Shinde, and the said Dagdu Shinde asked to return the
land. Then, she is questioned when police arrived and when
panchanama was drawn and on what time the statement of the
victim was recorded. Here, cross is also by way of question and
answer form as to whether the lady officer came to record the
statement of the victim, whether victim was stating anything or not.
However, to such question, she answered 'yes', but that clarified as
she was in a frightening condition. Rest is all denial.
Therefore, evidence of victim as well as mother, on the aspect
of victim being taken by appellant to his house, he inserting his male
organ in her anus and consequently she bleed, has virtually remained
intact.
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12. On above lines, now it is to be seen whether there is medical
evidence suggesting an occurrence. On this point evidence of PW-5
Dr. Sachin Solat is relevant. In his evidence at Exhibit-53/C, he
deposed about victim came with her mother as well as LPC attached
to Ambhora Police Station and on obtaining consent of mother, he
noted history, which was reported by victim that, the appellant
removed her pants, also pulled down his own pants, made her sit on
his lap, and inserted his penis into her anus. Therefore, this medical
expert claims to have called Gynecologists Dr. Ghugare and surgeon
Dr. Gajanan Wangal, and victim was examined by both the doctors.
He again stated that victim narrated history in the presence of both
these doctors.
In paragraph 6 of his testimony, he stated that, he noticed anal
bleeding, and there was mild pain and tenderness in lower abdomen.
There were blood stains appeared on the left leg, and on anal
examination, it was found that there were two torn liner ulcer one at
5o' clock position and other at 7o' clock position, and said wounds
were fresh. Necessary swab of anus as well as blood along with nail
clipping of the girls and vulval swab were collected. The said samples
were sealed label and handed over to police.
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He has opined in paragraph 8 that, treatment was given and to
the child, and after seeing the FSL, in his opinion the blood stains on
the leggings of the girl were of the present appellant, and as such, he
issued a final opinion that there was sexual assault on the victim, and
he identified the MLC certificate at Exhibit-57.
Though the above medical expert is cross-examined, there is a
question whether the victim herself narrated the history, and he
answered in affirmative, but further stated that, it was also reported
by grandmother. He virtually denied the injuries on anus to be
possible due to constipation. It is also brought in cross that, clothes of
the victim were handed over to the police, and the same were sealed.
13. Another medical witness is PW-7 Dr. Sachin Palwade, who has
examined the accused and he claims that, on physical examination,
he noticed injury on the prepuce of penis, which is highly suggestive
the forceful intercourse. Examination of accused was done on
07.06.2021 itself. He also opined that accused was very much
capable of performing sexual activities. Nothing adverse has been
brought in cross of this doctor.
Rest of the witnesses are police officials, who has deposed
about participating in investigation in various capacities.
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CONCLUSION
14. Therefore, on re-appreciation of above evidence, there is
credible evidence of both victim as well as her mother. There is
prompt lodgment of complaint, medical evidence suggesting sexual
assault. There is confirmation of the same from medical experts.
There are injuries on the person of victim as well as accused.
Therefore, when all necessary ingredients are available in the form of
oral as well as credible documentary evidence in the form of medical
evidence, the view taken by the learned trial Judge is the only
possible view that could emerge even on the re-appreciation. Points
raised in argument have no merit and substance, or any foundation.
Resultantly, there being no merit in the appeal, appeal deserves to be
dismissed. Accordingly, I proceed to pass following order :
ORDER
(I) Criminal Appeal No.138 of 2024 stands dismissed.
(II) Fees of the learned Advocate appointed to represent
respondent no.2 is to be paid through the High
Court Legal Services Sub-Committee, Aurangabad,
as per Rules.
( ABHAY S. WAGHWASE )
JUDGE
S P Rane
