MAHESH Vs. STATE

JUDGEMENT

(1.) THIS appeal impugns the judgment and order on sentence dated 28.09.2012 and 10.12.2012 respectively wherein the appellant Mahesh stands convicted under Sections 366/376/506 of the IPC. For his conviction under Section 376 of the IPC, he has been awarded RI for a period of 8 years and to pay a fine of Rs. 3,000/ - and in default of payment of fine to undergo SI for a period of 4 months. For his conviction under Section 366 of the IPC, he has been awarded a sentence of RI 7 years along with fine of Rs. 2,000/ - and in default of payment of fine to undergo SI for 3 months. For his conviction under Section 506 of the IPC, he has been sentenced to undergo RI for a period of 2 years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to undergo SI for 1 month. The sentences were to run concurrently.

(2.) THIS Court notes that two criminal appeals have been filed by the same appellant which will be disposed of by this common order; this was due to inadvertence and both the appellants were accordingly directed to be listed together.

(3.) THE version of the prosecution was unfolded in the testimony of 's' examined as PW -2. She was living with her sister and brother -in - law. The appellant was known to her. On the fateful day i.e. on 19.01.2011, he had committed forceful act of rape upon her. Her complaint was lodged on the following day on 20.01.2011.