ANWAR KHAN IQBAL KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal arising out of the order of conviction and sentence rendered in Sessions Trial No. 25 of 2007 by the District Judge-4 & Addl. Sessions Judge. Nagpur.

(2.) The accused was charged for committing rape on the prosecutrix between 13-4-2004 to 5-5-2004, and thereafter, cheating the prosecutrix by fraudulently and dishonestly inducing her by giving her assurance of marriage and obtained her consent for sexual intercourse and thereby committed rape on her between 2004 to 5-10-2006, and also committed offence punishable under Section 3(l)(x)(xi)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, as he himself does not belong to Scheduled Caste.

(3.) At the end of trial the accused was convicted for the offence punishable under section 376(1) of the Indian Penal Code. He was sentenced to suffer R.I., for seven years and to pay a fine of Rs.20,000/- and in default to suffer S.I., for three months and under Section 417,I.P.C., he was sentenced to suffer R.I., for one year. He was acquitted for the offence punishable under Section 3(l)(x)(xi)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.