Case Note & Summary
The appeal arises from a judgment of conviction rendered by the Additional Sessions Judge, Wardha in Sessions Case No. 55 of 2020 dated 20.8.2022. The appellant, the accused, was convicted for offences under Sections 376, 376(2)(f) and 376(2)(n) of the Indian Penal Code and sentenced to rigorous imprisonment for ten years with a fine. The prosecution case was that the accused, who is the cousin brother of the victim, repeatedly committed sexual assault on her on 9.1.2020, 12.1.2020 and 14.1.2020. As a result, the victim became pregnant and subsequently delivered a child. Upon receiving a report, the police registered Crime No. 231/2020 at Kharangana Police Station. The victim was medically examined and found to be carrying a pregnancy of five months. The accused was also medically examined. Spot panchanama was conducted and samples from both the victim and the accused were collected. After recording statements, a chargesheet was filed. During investigation, the Chemical Analyzer's report and a DNA report were obtained. The DNA report established that the victim and the accused are the biological parents of the child. At trial, the prosecution examined fifteen witnesses in support of its case. The trial court framed a charge and, after considering the evidence, convicted the appellant. Aggrieved, the appellant filed the present criminal appeal before the High Court. The appeal was heard and closed for judgment on 04/04/2025, and the judgment was pronounced on 29/04/2025. The available text does not include the grounds of appeal, the submissions of the parties, the court's analysis or the final decision on the appeal.
Issue of Consideration
CRIMINAL APPEAL NO.147 OF 2023N
Case Details
2025 LawText (BOM) (04) 191
Criminal Appeal No.147 of 2023
Shri M.V.Rai, Counsel for the Appellant; Mrs.S.S.Dhote, Additional Public Prosecutor for the Respondent/State
Shrikrushna @ Kisan Maroti Gaikwad
State of Maharashtra, through Police Station Kharangana, tahsil Arvi, district Wardha (Crime No.231/2020)
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Nature of Litigation
Criminal appeal against conviction for rape.
Remedy Sought
Appellant seeking to set aside the conviction and sentence.
Filing Reason
The appellant was convicted by the trial court for repeatedly committing sexual assault on his cousin sister, which resulted in her pregnancy and the birth of a child.
Previous Decisions
The trial court convicted the appellant on 20.8.2022 in Sessions Case No.55/2020.
Judgment Excerpts
By this appeal, the appellant (accused) has challenged judgment and order dated 20.8.2022 passed by learned Additional Sessions Judge, Wardha (learned Judge of the trial court) in Sessions Case No.55/2020.
By the said judgment impugned in the appeal, the accused is convicted for offences under Section 376, 376(2)(f), and 376(2)(n) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and to pay fine Rs.10,000/-, in default, to undergo rigorous imprisonment for 3 months.
The accused, cousin brother of victim, allegedly, committed sexual assault on her repeatedly on 9.1.2020, 12.1.2020, and 14.1.2020 which resulted into pregnancy and she delivered a child. On the basis of report, Kharangana Police registered the offence against the accused.
Procedural History
The accused was convicted by Additional Sessions Judge, Wardha on 20.8.2022 in Sessions Case No.55/2020 for offences under Sections 376, 376(2)(f), and 376(2)(n) IPC and sentenced to 10 years rigorous imprisonment. The accused filed the present appeal challenging the conviction. The High Court heard the appeal and closed for judgment on 04/04/2025 and pronounced on 29/04/2025.
Acts & Sections
- Indian Penal Code: 376, 376(2)(f), 376(2)(n)
